At a pre-trial conference, the prosecutor mentions that in addition to the state kidnapping charges your client currently faces, he has heard from the United States Attorney's Office that they are investigating whether Will should also be charged under the federal kidnapping charge found at 18 USC Section 1201. The judge asks both the prosecutor and Attorney DeBee if that is or is not double jeopardy, and after some arguments, the court asks each party to make a Trial Brief explaining the differences between the federal and state kidnapping charges, and whether the federal prosecutors can make a prima facie case that what happened with the security guard meets the elements of a federal kidnapping charge.

Attorney DeBee assigns you to make a three to five-page trial brief in the proper format for New York state explaining the following:

• What are the main legal factors to consider in determining if double jeopardy can apply when there is a possible state and federal cause of action?
• How would you explain the differences between the state and federal kidnapping charges?
• What facts and legal principles should be evaluated to determine if the federal prosecutor can make a case that a federal kidnapping occurred?

Your brief should address all of the questions raised by the judge and accurately present an overview of these laws for the court to consider; include at least two legal sources in addition to the state and federal kidnapping statutes; and thoroughly identify and explain the sources of the concept of double jeopardy.