MILLBURN — The four men arrested in the fatal carjacking at the Mall at Short Hills could possibly face the death penalty if charged in federal court, officials say.

According to experts, felony murder crimes prosecuted under federal law includes the possibility of capital punishment, although they said those decisions are ultimately made by the U.S. Attorney General.

Federal and state officials say no decision has been made yet as to how, or where the four suspects will ultimately be prosecuted. But for the time being, all are being charged under state law.

“Per our usual protocol, we will discuss with the county prosecutor as the case continues to develop whether state or federal prosecution is most appropriate,” said Paul Fishman, the U.S. Attorney for New Jersey.

The four men named in the case are Karif Ford, 31; Basim Henry, 32; Kevin Roberts, 35; all of Newark; and Hanif Thompson, 29, of Irvington. All were being held at the Essex County Correctional Facility on $2 million bail each.

HOW TO AVOID A CARJACKING

BE AWARE

• Walk with purpose. Always approach your car with your keys in hand.

•Pay attention to your surroundings, and be alert to nearby activity.

•Always check the back seat before opening your car.

•Be suspicious of anyone asking for directions or handing out fliers.

•Always be aware of your surroundings. Look around and stay alert when you are stopped at an intersection.

•When stopping in traffic, leave enough distance between your car and the one in front of you so you can see their tires.

•Drive in the center lane to make it harder for a would-be carjacker to approach the car.

•Know your route. Use well-lighted streets and well-traveled roads whenever possible.

BE SMART

•Don't drive without first locking your doors and closing your windows.

•Park in well-lighted areas, near sidewalks or walkways. Avoid parking near dumpsters, woods, large vans or trucks, or anything else that limits your visibility. If possible, ask someone to walk with you to your car.

•Put valuables in your trunk or out of sight.

•Try to park in a garage with an attendant. Leave only your ignition key, with no identification.

•Don't get out of your car if you see suspicious people.

•To avoid other thefts that sometimes follow carjackings, separate your car keys from your house and office keys. In addition, do not leave your registration, insurance information, or any information identifying your home or work address in your glove box or car interior. Always keep that information on your person.

•Keep a good supply of gas in your tank and your car in good working condition.

•Above all, never leave a child unattended in your car — not even for a minute.

IF IT HAPPENS

•If someone demands your car keys, don't argue and don't resist. Nothing is more valuable than your life.

•Get away from the area as quickly as possible.

•Call 911 and report the crime immediately.

•Try to remember as many details about the carjacker as possible: sex, race, age, hair and eye color, unusual features and clothing.

•If your house or office keys are taken, change the locks immediately. If a garage door opener is in the car, change the security code immediately.

•Courtesy of HEAT (Help Eliminate Auto Thefts)

All four men have been charged by the Essex County Prosecutor’s office with murder, felony murder carjacking conspiracy and weapons possession.

A spokeswoman said today that no court date has been set yet. She had no information on whether any of the four had attorneys.

All four face life in prison if convicted under the state charges, said Acting Essex County Prosecutor Carolyn Murray.

However, federal statute allows carjacking to be prosecuted under interstate commerce law—if the stolen vehicles were manufactured outside of New Jersey and operated by the thieves on state roads, which would be no hurdle in this case. Under the law, prosecutors must also show that an assailant's intent was to cause death or serious bodily harm.

Congress passed the anti-car theft act opening the door to federal prosecution after a rash of carjackings around Washington, D.C. in the early 1990s. Among those cases was the death of a Maryland woman who was forced out of her vehicle and then dragged to her death while trying to get to her infant daughter who was still inside the car.

While no one has yet been prosecuted for carjacking as a capital murder case, the penalties under federal law for taking a vehicle at gunpoint can be far stiffer than state law, leading to longer sentences and no possibility of parole. In the Short Hills mall case, though, the murder of the victim already carries the possibility of life in prison under state law.

In New Jersey, a near epidemic of carjackings has led to a number of prosecutions under federal law in recent years,

In 2010, for example, an East Orange man was sent away by a federal judge for life following a carjacking in which he raped a 22-year-old woman and shot her in the head, leaving her permanently wheelchair-bound. Calling the crime "bone chilling," U.S. District Judge Joseph A. Greenaway said Noah Cuebas, who was convicted in the case, had forfeited his right to be among the people of New Jersey.

“He is a miscreant. He cannot be among us," Greenaway said.

Last year, 23-year-old Jahil Thomas was sentenced to 22 years in prison after pleading guilty in U.S. District court to charges conspiracy to commit carjacking, theft of a motor vehicle by force, violence and intimidation, and use of a firearm in furtherance of a crime of violence Newark man. Federal prosecutors said Thomas, armed with a 12-gauge shotgun, took a Lincoln Continental in Newark with an accomplice, and then carjacked a Dodge Durango, leading Newark police on a high-speed chase before crashing.

Also last year, Reginald Anderson, 20, of Newark, was sentenced to 6½ years in prison for his role in carjacking a BMW sport utility vehicle at a dealership.

And earlier this year, five men arrested for allegedly stealing car at gunpoint were all prosecuted under the federal statute. If convicted, each man could face 15 years in a federal penitentiary.

NOTE: We have decided to close the comments on this post because many commenters violated our community rules by posting comments that were racist, vulgar and off topic.

FOLLOW THE STAR-LEDGER: TWITTER • FACEBOOK • GOOGLE+