The worst part of this show was when they were discussing death theories, and Nancy decided -wrongly- that if Casey had killed Caylee with chloroform accidentally, (i.e. -not intending and planning to kill her, but mistakenly thinking that the chloroform would've induced sleep) a Murder One charge would apply.
Nancy doesn't even get the law right. When a lawyer panelist tried to correct Nancy, she mockingly shot back, in sing-song fashion, something like "oh yeah, and if I point a gun at your head, trying to play an innocent prank, and the gun goes off accidentally and I kill you, I suppose that's not murder one either".
Actually Nancy, it isn't. Bad analogy. No. Actually it was a dumb analogy.
On the chloroform subject. When has it become normal to put your child to sleep with chloroform? How could there by any other charge other than murder if someone dies because of it's use? I don't understand that it seemed the discussion was on whether it was intentional or not. I have never heard of someone using chloroform to make their child sleep or knock them out! It should be MURDER 1 regardless to me! I don't understand this at all!
This is a good question, and I'll explain. First of all, it's not normal for someone to put their child to sleep with chloroform. No one ever said it was normal. I didn't. Nancy didn't. And none of Nancy's guest panelists said it was normal. In fact, normalcy is mostly irrelevant to this discussion. Criminal defendants aren't sent to the electric chair for doing things that aren't normal.
Nancy wrongly implied that Casey would be convicted of the highest murder charges even if she chloroformed her child to death by accident. Even if Casey's intent was never to kill Caylee - but only to put Caylee to sleep for a few hours... even if Casey mistakenly thought that all that would happen was that Caylee would sleep for a few hours so Casey could have some time to herself.
Now of course, Casey would face very serious homicide charges even if Caylee accidentally died from chloroform exposure under the above scenario. Casey's behavior would be seen as criminally reckless, grossly negligent or insensitive to the rights of Caylee, and punishable by very serious and strict terms.
But that act wouldn't trigger the most serious murder charge available, the kind of murder charge that could put Casey behind bars for the rest of her life and even trigger death penalty considerations --and that's where Nancy was wrong. In order for a criminal defendant to qualify for those strictest charges, it must be shown that the defendant intended to kill the victim, planned the murder ahead of time, and engaged in the kind of actions that the defendant reasonably knew and understood would result in the death of her intended victim. This is a far cry from the hypothetical situation discussed on the show where Casey killed Caylee with chloroform accidentally, never really intending to kill Caylee, but simply unaware of the consequences of her actions.
No one is saying that Casey will get off scott free if the jury determines that Caylee died from chloroform under that somewhat accidental scenario. Casey will be subject to a long prison term on some count of homicide/manslaughter, etc. But it wouldn't be the strictest murder charge available. Although Nancy apparently thinks otherwise. Nancy's wrong. And it's a disgrace that she would flub this, given that she is broadcasting to a National cable TV audience and that she herself is a former prosecutor. And it wasn't enough that Nancy would totally screw up this basic first-year law student criminal intent standard. She openly mocked one of her guest panelists who tried to correct Nancy. Of course, he was interrupted, cut-off and sing-songed in mock-child style.
There is a big difference in whether, on the one hand, Casey intended to kill Caylee with chloroform, or whether Casey merely intended to use the chloroform mistakenly thinking that all that would happen is that Caylee would fall asleep for a few hours. Yesterday, Nancy failed to appreciate the differences, and this is unacceptable.