marspiter
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They can certainly charge her, it's getting the conviction. How many people are charged, convicted and executed for drunk driving deaths? None that I'm aware of. Drunk driving is a criminal act, so is smoking crack while driving, but juries tend to side with the defendant if the actual outcome wasn't their desired or intended outcome. [as to a 1st degree murder conviction. Still guilty of criminally negligent manslaughter]
Sure could be.
It could also be someone in a panic trying to make it look like a kidnapping gone bad.
I'm really not trying to defend her here, but if a mother was in the habit of tranquilizing her child to go out and party and then the child dies, it's not first-degree murder.
The thing is the defense doesn't have to prove she didn't have a guilty mind per mens re, (the act does not make a person guilty unless the mind be also guilty), the prosecution has to prove she did.
That she sedated the child in the past creates some level of reasonable doubt as to her intent to kill.
According to the laws in Florida it does constitute murder one and Casey is charge correctly in accordance with Florida law. Also keep in mind that Casey does have an underlying charge of Aggravated Child Abuse as well as the murder charge itself. I don't want to rehash this entire discussion as I feel it's kind of OT to this particular thread. However there has been plenty of debate on this topic with some very good links to information about Florida laws in regards to murder and it's varying degrees and definitions as well as felony murder and it's levels and definitions. I would suggest reading the following threads.
[ame="http://www.websleuths.com/forums/showthread.php?t=76250"]"G (Guilty)" vs "NG (Not Guilty)" Where do you stand? - Websleuths Crime Sleuthing Community[/ame]
[ame="http://www.websleuths.com/forums/showthread.php?t=75687"]Procedure and legal questions - Websleuths Crime Sleuthing Community[/ame]
[ame="http://www.websleuths.com/forums/showthread.php?t=86380"]Jury Instructions and Reasonable Doubt - Websleuths Crime Sleuthing Community[/ame]
[ame="http://www.websleuths.com/forums/showthread.php?t=86507"]"G (Guilty)" vs "NG (Not Guilty)" Where do you stand? #2 - Websleuths Crime Sleuthing Community[/ame]
[ame="http://www.websleuths.com/forums/showthread.php?t=91668"]"G (Guilty)" vs "NG (Not Guilty)" Where do you stand? #3 - Websleuths Crime Sleuthing Community[/ame]