ScreenName
Former Member
- Joined
- Aug 29, 2008
- Messages
- 325
- Reaction score
- 1
Good question....I'm not sure of the answer...sorry
Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
According to previously released articles Caylee being missing is the "event", they have currently charged her with neglect relevant to that, if they go all the way to trial and have not charged her with anything else they cannot go back and add additional charges related to the same event.
According to previously released articles Caylee being missing is the "event", they have currently charged her with neglect relevant to that, if they go all the way to trial and have not charged her with anything else they cannot go back and add additional charges related to the same event.
If she is charged and go to trail because of the child negl. THEN they find the body, they can not go back and charge her with murder. Because that was the outcome of the child negl.
That was what was said weeks ago when she was first charged.
BAsed upon that, IMHO...
If Caylee is dead, it's in the best interest of the family, if the body isn't found until at least after the triall starts. So Casey is never charged with her murder.
I'm wondering about this child neglect charge she is facing. She is charged with neglect (among other things) and say they DON'T find Caylee's body (before she goes to trial). Can anybody tell me if say she goes to trial and they find her guilty, she gets some jail time and THEN they find Caylee. It would be hard pressed for someone to prove HOW she died and when, let alone it was Casey. But hypothetically speaking let's say they find Caylee's body and she died of something like blunt force trauma.
Casey can't be charged with anything or can she? Double Jeopardy or no?
What if as of today Casey invoked her right to a speedy trial. (I mean, it COULD happen, especially if she KNOWS the possibility of finding Caylee's body is pretty remote) She can cop to the child neglect, and the other charges (because they are relatively minor charges compared to murder) plead guilty and take a sentence?
I was reading up on the US Constitution and I hit the part about a person's right to a speedy trial that started me thinking about how it applies to Casey.
US Supreme Court Center > US Constitution > 6th Amendment > Right to a Speedy and Public Trial
The reason I'm asking is my cousin was charged with Assault with a Deadly weapon 3rd degree in Los Angeles. (He got into it with a bouncer at a club out in the parking lot and picked up a rope divider pole and knocked the bouncer out.)
He was arrested and bonded out, on his court date the bouncer and him were in court, and my cousin's attorney said he would plead guilty if the bouncer guy would agree no charges would come up later saying what my cousin did caused any future problems. Bouncer agrees. He plead guilty to the charge, got 3 months and a 1500 dollar fine. He did a month and 1/2 and he was done.
The bouncer guy started having seizures 18 months after this, and I know this because he was going out with a girl my cousin used to date. She told my cousin the bouncer said it was because he got hit with a pole by my cousin. My cousin told him, "what are you going to do, SUE ME?"
It couldn't happen. My cousin's attorney told him that. Now that was 6 years ago. Can Casey and JB do something to this effect here with these charges??
Thanks
If she is charged and go to trail because of the child negl. THEN they find the body, they can not go back and charge her with murder. Because that was the outcome of the child negl.
That was what was said weeks ago when she was first charged.
BAsed upon that, IMHO...
If Caylee is dead, it's in the best interest of the family, if the body isn't found until at least after the triall starts. So Casey is never charged with her murder.
If she is charged and go to trail because of the child negl. THEN they find the body, they can not go back and charge her with murder. Because that was the outcome of the child negl.
That was what was said weeks ago when she was first charged.
BAsed upon that, IMHO...
If Caylee is dead, it's in the best interest of the family, if the body isn't found until at least after the triall starts. So Casey is never charged with her murder.
It would not be double jeopardy. Double Jeopardy is being charged and tried twice for the same crime on the same set of facts. The "set of facts" part is important because you can steal 3 cars and be charged with the car theft 3 times. You would need to steal a fourth car to generate a fourth charge of car theft. You cannot be charged and tried for the same crime on the same facts over and over. That is DJ. Now , if they happened to find a body in one of those 4 car trunks, while you were doing time for the car theft of one of the 4 cars, (having been found guilty after trial) and the ensuing investigation showed you to be responsible for the death of that body, you would then be charged with that murder, although you had already had a trial involving the theft of that car. All the evidence from the car theft trial would probably be relevant and useful at the murder trial. It would not be DJ to use it as the charge is expanded, different and using facts and evidence not involved at the first trial..to prove a new and different charge.
Just an opinion from Newbie-Ville.
HOLD on, I don't think they can get her on child neglect. Her story is that Caylee has been kidnapped....so how can they get her on neglect if there is no child to interview or check the welfare of? Plus, all the statements indicated that she was a good mom.
So, I think they can only get her on the obstruction of justice and fraud charges at this point. I don't know how much longer they are gonna wait until they file murder charges, but I understand that having a body would be a slam dunk, and they are taking their chances without a body and a jury member not being 100% convinced.
I honestly don't see how she could not be convicted of the child neglect charge...IMO that part of this case is open and shut.
I don't think so. Definition of Neglect in FL is this: "NEGLECT: Any act or omission where a child is deprived of, or allowed to be deprived of, necessary supervision, food, clothing, shelter, or medical treatment, or a child is permitted to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. " http://www.dcf.state.fl.us/abuse/definitions.shtml
I understand what you mean, but by the law itself, Caylee has to be PRESENT to determine if the following things are evident. Since she is missing and can't be evaluated for her mental, emotional, and physical health, it doesn't cut it. It is neglectful to not report her as missing, but I don't think it meets the FL Statute of neglect legally. I don't know if there are any laws that it make a crime to not report a missing person....but that isn't the same legally as DCF's version of abuse and neglect.
Correct, it is not double jeopardy. It is a Florida state statute that says you cannot go back and charge someone with additional charges related to the same criminal event. It would be one of the major risks of charging someone too early, or using a lesser charge to hold them. I hadn't heard of it before, it was reported under "little known Florida statute maybe the loophole Baez is counting on". I doubt it will happen but if it does it will have been a major error to charge her with neglect. I don't think they thought she would continue with this story and would say it was an accident (prior to the chloroform searches and lab results).
http://www.wftv.com/news/17193405/detail.html?rss=orlc&psp=news (3rd paragraph)
LOOPHOLE COULD ALLOW CASEY TO BEAT SYSTEM
A loophole could allow Caylee Anthony's mother to beat the system. She's still only facing charges of child neglect and giving false statements.
If her attorney asks for a speedy trial, they could be the only charges she ever faces. Florida law prohibits a person from being tried on more serious charges at a later date if the person stands trial for something that's related.
"If you lose a kid and that results in a child's death, that's one and the same case, because those are manslaughter charges," said board-certified trial attorney Richard Hornsby.
If Casey was found guilty of child neglect, she would only serve up to five years in prison versus a maximum of life for murder. Still, detectives have never said that Caylee Anthony is dead or that Casey is under investigation for murder or manslaughter.