Mitigating - Aggravating Factors- General Information the penalty phase

[Woe.be.gone]

How many aggrevating factors does the prosecution have to prove for death penalty? I thought Judge Perry said one. Victim is under the age of 12.
Anyone?

I think he said one also. Victim under 12 would be a mf for DP. I'm confused as to how many jurors have to agree. The way I understand it, is that in any other state other than Florida, twelve jurors would have to agree to the aggrevating factor that meets the DP requirement. In Florida, only seven of the twelve will have to agree. Is this correct?

Then, the issue would go to mitigation where there are no jurors present. Who is involved in mitigation? How many people and who are they?
Is mitigation also called the penalty phase?

 

[AZlawyer]

I think he said one also. Victim under 12 would be a mf for DP. I'm confused as to how many jurors have to agree. The way I understand it, is that in any other state other than Florida, twelve jurors would have to agree to the aggrevating factor that meets the DP requirement. In Florida, only seven of the twelve will have to agree. Is this correct?

Then, the issue would go to mitigation where there are no jurors present. Who is involved in mitigation? How many people and who are they?
Is mitigation also called the penalty phase?

The penalty phase is for evidence of both aggravating and mitigating factors. Only one aggravating factor is "required," but the factors get "balanced," so it's important for the SA to prove all the applicable aggravating factors.

In Florida, unless something has changed lately, it's my understanding that the jury considers the aggravating and mitigating evidence, then makes a recommendation to the judge re: whether the death penalty should be imposed. The jury has to find at least one aggravating factor beyond a reasonable doubt. The recommendation does not have to be unanimous (i.e., could be 7-5). The judge does not have to follow the recommendation.

I haven't been keeping up on this thread, but feel free to post additional legal questions in the "legal questions" thread, which I do check regularly.

 

[Kat]

I haven't followed this thread but wanted to bring a comment that was made by a TH on CNN following a clip of the hearing today.

The TH said that there would be a time for impact statements. My assumption was that KC's family would have that time to plead for her life? TIA.

 

[LinasK]

Not that I know this answer one way or another but alot of defendents will say that they are innocent at the end of trial and that the jury didn't get it....think Scott Peterson.....Mark G I believe is still denfending him for the appeal process...they are still on that soddi defense...

Ummm, no,:snooty: Mark Geragos himself is NOT defending SP for the appeal process, his office might still represent Scott, but Mark himself is not certified in Death Penalty appeals...

 

[AZlawyer]

I haven't followed this thread but wanted to bring a comment that was made by a TH on CNN following a clip of the hearing today.

The TH said that there would be a time for impact statements. My assumption was that KC's family would have that time to plead for her life? TIA.

The reference was probably to victim impact statements, in which witnesses speak about the importance of the person who was killed and the impact of her death. I have no idea if anyone will speak up for Caylee in this case.

As part of the mitigation evidence, the As could testify to whatever facts they think justify sparing KC's life (i.e., she's young, stupid, crazy, badly brought up, etc.), but they can't simply "plead" to the jury/judge.

 

[AZlawyer]

Yes, he said that the mitigating Lawyer, who I think is Jean Barrett, J.D., has travelled to many states to talk to relatives, has spoken to teachers and other people who know Casey. JB stated that she may be the most important person in the case (they were discussing funding and Jean resides in MI).

This seems to be a hint that the Defense is prepared to argue from a psychological standpoint why Casey does not deserve to be punished by being put to death.

I don't believe she's a lawyer. I believe she is a "mitigation specialist," which normally means a social worker.

 

[AZlawyer]

Would KC still be allowed to plea? I read where someone else asked this question but never saw an answer.

If the State feels like offering her a plea deal, she would be "allowed" to take it. There are no such offers on the table at this time, that we know of. The most obvious offer would be to remove whichever counts permit the imposition of the death penalty in exchange for a guilty plea on other counts.

She would also be "allowed" to plead guilty to the current charges and just take whatever sentence she gets at the sentencing phase, but I can't imagine she would ever do that. Too risky.

 

[LinasK]

Have we heard or seen anything about Casey's childhood prior to high school? I don't think I've seen a single childhood photo of her. :waitasec:Was she always a manipulative liar? It'll be interesting to find out...

 

[Dear Prudence]

Have we heard or seen anything about Casey's childhood prior to high school? I don't think I've seen a single childhood photo of her. :waitasec:Was she always a manipulative liar? It'll be interesting to find out...

Yes, way back in November 2008, criminal defense attorney Terry Lenamon wrote a 30-page report asking the state not to seek the death penalty against Casey. A few baby and childhood photos of Casey were included. Here's a link to the photos: http://www.clickorlando.com/news/17898874/detail.html

 

[Pensfan]

What does everyone think about the other 2 aggravating factors the SA may or may not use?
"There are two other aggravating circumstances the state may or may not try to prove. One of them is that the defendant benefited financially from the victim's death. The other is that the alleged slaying was especially heinous, atrocious or cruel."
http://www.wesh.com/news/23488034/detail.html

Here is my answer which is courtesy of BondJamesBond post number 379.
http://www.websleuths.com/forums/showthread.php?t=90039&page=16
If this wasn't heinous and cruel to a 2 year old, nothing is.

 

[AZlawyer]

Just for info on the initials J Barret has after her name....

http://en.wikipedia.org/wiki/Juris_Doctor

My point was that I think it was another poster who put the "JD" there--I don't think she really has one.

From DePaul University:

Jeanene Barrett is the Mitigation Specialist for the CJCC. Jeanene joined the CJCC in March, 2008 after having worked within the child welfare field for over eleven years. She is also a Criminal Justice adjunct faculty member at Westwood College. Jeanene received her M.A. in Social Work from the University of Chicago School of Social Service Administration, M.S. degree in Human Services Administration from Spertus College, and a B.S. in Criminal Justice from Southern Illinois University, Carbondale.

 

[Paintr]

My point was that I think it was another poster who put the "JD" there--I don't think she really has one.

From DePaul University:

Jeanene Barrett is the Mitigation Specialist for the CJCC. Jeanene joined the CJCC in March, 2008 after having worked within the child welfare field for over eleven years. She is also a Criminal Justice adjunct faculty member at Westwood College. Jeanene received her M.A. in Social Work from the University of Chicago School of Social Service Administration, M.S. degree in Human Services Administration from Spertus College, and a B.S. in Criminal Justice from Southern Illinois University, Carbondale.

I am sorry, Azlawyer, I didn't realize that the "JD" wasn't her actual designation. I had never come across the term before so I hunted it up. I just thought that someone else might be wondering what the JD stood for. :waitasec: I'll delete my post to avoid more confusion.

 

[denjet]

My point was that I think it was another poster who put the "JD" there--I don't think she really has one.

From DePaul University:

Jeanene Barrett is the Mitigation Specialist for the CJCC. Jeanene joined the CJCC in March, 2008 after having worked within the child welfare field for over eleven years. She is also a Criminal Justice adjunct faculty member at Westwood College. Jeanene received her M.A. in Social Work from the University of Chicago School of Social Service Administration, M.S. degree in Human Services Administration from Spertus College, and a B.S. in Criminal Justice from Southern Illinois University, Carbondale.

I posted on another thread yesterday trying to find out more about Jeanene Barrett and what she looks like and if she was one of the people in court yesterday ... the person KC hugged was thin though, I thought ...
I found one on facebook and wondered if anyone has recognized her from any of the court hearings ... It's hard to say whether this is her or not ...
I was hoping someone could help sleuth this out ...

Jeanene Barrett Facebook

For those of you who can't log on to facebook, here's the pic:
http://tinypic.com/usermedia.php?uo=JDduC2mKjdsJQ4VLKhxqjoh4l5k2TGxc

Disclaimer: I am NOT saying this is her ... it could be her

 

[denjet]

Some other links that MAY have to do with Jeanene Barrett:


Location: S East End Ave
Ethnicity: African-American

http://www.spokeo.com/name/search?g=name_wp_sr_rl03&q=Jeanene%20Barrett,Chicago,IL#:956880157

8217 S East End Ave
Chicago, IL 60617-1739
(773) 991-7796
Job: Isis Consulting Group, Chief Executive Officer
http://www.whitepages.com/search/Replay?facebook_count=0&linkedin_count=0&lower=1&more_info=1&search_id=40121422181448955554&sea

Also, a Tiffany Barrett who's listed as the Owner at ISIS Consulting Group, LLC, which Jeanene is CEO of ... Tiffany's list herself as an Experienced Forensic Social Worker

http://www.linkedin.com/pub/tiffany-barrett/8/38/821

If anyone can add to or correct any of this info, I would greatly appreciate it!

 

[logicalgirl]

Yes, way back in November 2008, criminal defense attorney Terry Lenamon wrote a 30-page report asking the state not to seek the death penalty against Casey. A few baby and childhood photos of Casey were included. Here's a link to the photos: http://www.clickorlando.com/news/17898874/detail.html

First time I've seen those pictures - she was not as beautiful as Caylee was - interesting.IMO

 

[countzero]

I simply find it far too strange that JB could not find ONE mitigation specialist in Florida long ago when he knew there wasn't any money to pay for Ms. Barrett. Other than it was the proffer by T. Lemmon that had JB all ruffled up and Ms. L(s) decided he (T.Lemmon) was wrong and was able to get Ms. Barrett to it.

Ms Rappaport didn't appear to me to be comfortable even with Ms.L(s) questioning.

 

[MD MOMMY]

I simply find it far too strange that JB could not find ONE mitigation specialist in Florida long ago when he knew there wasn't any money to pay for Ms. Barrett. Other than it was the proffer by T. Lemmon that had JB all ruffled up and Ms. L(s) decided he (T.Lemmon) was wrong and was able to get Ms. Barrett to it.

She didn't appear to me to be able to actually get relevant info from anyone, unless she questions people differently than she appeared on the stand giving testimony. She wasn't comfortable even with Ms.L(s) questioning.

This was in JB's game plan the whole time. Have experts say they are pro bono at first and then when the state declares her indigent and the money truck is coming by, they all get a peice. And of course all the experts have completed 60% of their work..yeah okay. JMO!

 

[logicalgirl]

I simply find it far too strange that JB could not find ONE mitigation specialist in Florida long ago when he knew there wasn't any money to pay for Ms. Barrett. Other than it was the proffer by T. Lemmon that had JB all ruffled up and Ms. L(s) decided he (T.Lemmon) was wrong and was able to get Ms. Barrett to it.

She didn't appear to me to be able to actually get relevant info from anyone, unless she questions people differently than she appeared on the stand giving testimony. She wasn't comfortable even with Ms.L(s) questioning.

Unless I am misunderstanding what you are saying, that wasn't the mitigation specialist Ms Barrett on the stand. That was a witness M, Lyon(s) provided to prove gender bias stats. She is E. Rappaport, a Professor of Law at the University of New Mexico. We haven't seen or heard anything from Ms Barrett at all and I suspect she is one of the reasons for the sidebars.

And yes, I agree, I'm sure JB could have found a mitigation expert in Florida. He probably wanted one the SA did not know.

 

[countzero]

Unless I am misunderstanding what you are saying, that wasn't the mitigation specialist Ms Barrett on the stand. That was a witness M, Lyon(s) provided to prove gender bias stats. She is E. Rappaport, a Professor of Law at the University of New Mexico. We haven't seen or heard anything from Ms Barrett at all and I suspect she is one of the reasons for the sidebars.

And yes, I agree, I'm sure JB could have found a mitigation expert in Florida. He probably wanted one the SA did not know.

Oh I wrote the wrong names. This happens a lot when I am using my iPad now.

Thanks for seeing that boo boo of mine. fixed it.

 

[Woe.be.gone]

I don't believe she's a lawyer. I believe she is a "mitigation specialist," which normally means a social worker.

Thanks for setting me straight.

If I'm looking at the credentials of the right 'Jean Barrett' (not 100 percent sure yet as two or three can be found on the Internet) her degree is Juris Doctor or J.D. for short. Sorry for calling her 'Lawyer'.

Juris Doctor = Doctor of Law, a professional doctorate that usually takes three years to acquire. The scientific study of law. A research dissertation is not required. Not meant to prepare one to practice law. Degree is earned for philosophical or scholarly purposes. Teaching law as a science and a practical skill.

If I'm looking at the right person, as I mentioned before, in 1998 she presented to the American Academy of Psychology and Law (AAPL), along with two other people, the Role of the Forensic Psychologist in Death Penalty Mitigation.

Why has this person been kept secret? Earlier in the thread, someone referred to her by first name only. I first heard heard the name last week when Baez mentioned it during a hearing.