Prosecutors won't seek death penalty UPDATE Or will they?

[okiedokietoo]

This is just to ponder:

Who is to say there isn't a witness?
Who is to say that it was an accident and someone didn't witness something that resulted in her demise?


Why waste the State of Florida's taxpayers money on the DP when jury's do not usually favor the DP for women? Maybe they researched jury's and women receiving the DP? She has no criminal history. Why would they request the DP?

IMO No Witness. If they had a witness (someone that saw, heard or KC confessed to) that it was an accident, LE would not have charged her with Murder.

 

[Coley]

IMO No Witness. If they had a witness (someone that saw, heard or KC confessed to) that it was an accident, LE would not have charged her with Murder.

Why not? She didn't report it. She had the opportunity to come clean if it were an accident (which I think it was) but she didn't so they are charging her with murder.

 

[MD MOMMY]

Okay stupid question but couldn't they have went for the death penalty then if the jury couldn't convict went with a lesser charge like LWOP? OR is that not the way it works?

Quoting my own post but does anyone know???

 

[mydailyopinions]

Do we care lol

I do in a way, only reason being is because if he thinks that Caylee is alive, then continuing to quote his post is a waste of my time, but if its from a legal standpoint, I am just interested I guess in why where he thinks Florida is going wrong on this matter.
I should have read about his thoughts on Scott, wow, not only would I like to sit on a jury with him for that much needed vacation, I am thinking more on the lines of being locked in a room together for a few days..lol:furious:

 

[Wudge]

I disrespectfully disagree.

Prosecutors do not like to lose. I do not believe the charges would have been filed without evidence to support them.

I don't consider prosecutors a reckless bunch. IMO, most of the time they err on the side of being too wussy.

MOO

Prosecutors are only required to prove murder one. A death penalty remedy is purely up to the jury. The level of evidence does not differ between penalty options.

HTH

 

[okiedokietoo]

Quoting my own post but does anyone know???

IDK but what if that led to a hung jury?

 

[MD MOMMY]

Why not? She didn't report it. She had the opportunity to come clean if it were an accident (which I think it was) but she didn't so they are charging her with murder.

Do you think she accidentally killed her with chloroform?

 

[Coley]

Quoting my own post but does anyone know???

Yea, but usually jury's don't impose the DP on women. Sometimes they do but she has no criminal history so they might not have wanted to waste tax payer money on something that doesn't have a good track record.

Moo

 

[trac]

Quoting my own post but does anyone know???

You know I don't think you can charge the DP and then a lessor charge - I think it's either or - I'll have to check on that

If you charge murder one, two and manslaughter with circumstances all will be long sentences

But if you charge the DP, I think, you can't use the lessor charges

So maybe the DA figured it's easier to get a murder one conviction than a DP conviction -

 

[okiedokietoo]

Why not? She didn't report it. She had the opportunity to come clean if it were an accident (which I think it was) but she didn't so they are charging her with murder.

IMO No Witness. .

 

[indicat]

Quoting my own post but does anyone know???

I have always thought (could be wrong have been before) that if the death penalty is on the table a verdict is rendered and then they argue for the DP after a guilty verdict.

 

[Coley]

Do you think she accidentally killed her with chloroform?

I don't know if that was the COD. Just because there were high levels of it in the trunk she could have just been transporter it to give to someone making GHB. I just don't know. I go back and forth with all of it. I know she had some type of hand in Caylee's demise just don't know if it's accidental or premeditated. I just need to see more evidence to make up my mind about that one.

 

[Wudge]

Quoting my own post but does anyone know???

If the State brings a murder one case before a jury with a death penalty option attached, then the way it works is that the jury assesses the State's evidence to see if it proved: intent, premediation, deliberation and malice aforethought. If it did, then the jury chooses between the death penalty and LWOP.

 

[vanjett]

Do we care lol

I care. I am not someone who thinks just because an opinion or line of thinking is not made the same as mine, it is automatically wrong. I have heard of a few cults made up of that mindset.

 

[MiraclesHappen]

In Florida that is NOT the definition of murder one. The link to the statutes is in the sticky posts.

That is so true.
It is but a small part of the definition of murder one. Not all murder one in Florida requires proof of premeditation. I would hope that we can all defer to the statutory definitions of murder, no matter what our personal beliefs...

 

[MD MOMMY]

I don't know if that was the COD. Just because there were high levels of it in the trunk she could have just been transporter it to give to someone making GHB. I just don't know. I go back and forth with all of it. I know she had some type of hand in Caylee's demise just don't know if it's accidental or premeditated. I just need to see more evidence to make up my mind about that one.

I was just getting your take. I think it was premidated personally and she never had the "balls" to do it until June. Something set her off and IMO it was everything esculating up until the night of the 15th.

 

[Coley]

I care. I am not someone who thinks just because an opinion or line of thinking is not made the same as mine, it is automatically wrong. I have heard of a few cults made up of that mindset.

Ok...

ETA: I think that same way about opinions and line(s) of thinking but when it goes around and around it gets frustrating. I think it's difficult in a thread where 1 or 2 people repeatedly say the same thing or ask the same questions just to stir things up. A lot of people here now I love the debate aspect of things. It's all in good way.

Thank god for PM. I usually use it when I feel like I need an answer to something and instead of stirring things up.

MOO.

Thank god for opinions

 

[Coley]

I was just getting your take. I think it was premidated personally and she never had the "balls" to do it until June. Something set her off and IMO it was everything esculating up until the night of the 15th.

See this is where I am getting confused on my take of things. It's just so hard to say without knowing all the evidence. It's like I start thinking something one week and then something comes out the next week to change my mind.

 

[MD MOMMY]

If the State brings a murder one case before a jury with a death penalty option attached, then the way it works is that the jury assesses the State's evidence to see if it proved: intent, premediation, deliberation and malice aforethought. If it did, then the jury chooses between the death penalty and LWOP.

This is the way I would have liked to see it go and this is what I thought. Thank you! My other question is why not throw that option in there at this point and let the jury decide?

 

[impatientredhead]

Given the prosecutors do not have clear and unyielding proof of: intent, planning, deliberation and malice aforethought, there is darn little doubt about that.

Regardless of how many times the claim is made that these items are required to pursue the death penalty in the state of Florida does not make it true. Here is the actual statute that applies to crimes considered murder one and punishable by death. Please note that nowhere in it does it say that the death must be intention, deliberate or malicious. They did not drop the DP today because their evidence does not support those requirements.

[SIZE=-1]782.04 Murder.-- [/SIZE]
[SIZE=-1](1)(a) The unlawful killing of a human being: [/SIZE]
[SIZE=-1]1. When perpetrated from a premeditated design to effect the death of the person killed or any human being; [/SIZE]
[SIZE=-1]2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any: [/SIZE]
[SIZE=-1]a. Trafficking offense prohibited by s. 893.135(1), [/SIZE]
[SIZE=-1]b. Arson, [/SIZE]
[SIZE=-1]c. Sexual battery, [/SIZE]
[SIZE=-1]d. Robbery, [/SIZE]
[SIZE=-1]e. Burglary, [/SIZE]
[SIZE=-1]f. Kidnapping, [/SIZE]
[SIZE=-1]g. Escape, [/SIZE]
[SIZE=-1]h. Aggravated child abuse, [/SIZE]
[SIZE=-1]i. Aggravated abuse of an elderly person or disabled adult, [/SIZE]
[SIZE=-1]j. Aircraft piracy, [/SIZE]
[SIZE=-1]k. Unlawful throwing, placing, or discharging of a destructive device or bomb, [/SIZE]
[SIZE=-1]l. Carjacking, [/SIZE]
[SIZE=-1]m. Home-invasion robbery, [/SIZE]
[SIZE=-1]n. Aggravated stalking, [/SIZE]
[SIZE=-1]o. Murder of another human being, [/SIZE]
[SIZE=-1]p. Resisting an officer with violence to his or her person, [/SIZE]
[SIZE=-1]q. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or [/SIZE]
[SIZE=-1]3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082. [/SIZE]