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

[MD MOMMY]

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.

LOL I can see where that would happen. I personally have had the same line of thinking all along..no idea why with as much crap that's been out there:bang:. I always believed the fight story on the 15th, right from when the rumor was out there. I still stick by my theory that Caylee died on the night of the 15th early morning of the 16th. The whole disposal thing is something that I waver on daily.

 

[okiedokietoo]

http://www.wftv.com/news/18213616/detail.html
State Not Seeking Death Penalty For Casey Anthony
Friday, December 5, 2008 – updated: 6:05 pm EST December 5, 2008
(part of article)
It has to do with the thinking of the jurors. Jurors might be reluctant to convict Casey if they know they'll have to consider a death sentence even though no body has been found in the case.
"Now that they do not have that burden of deciding whether a life or death sentence should be imposed, it would be easier for them to accept the circumstantial evidence and find her guilty of first-degree murder," explained WFTV legal analyst William Sheaffer.

 

[panthera]

Do you think she accidentally killed her with chloroform?

I personally don't think that's possible since chloroform is illegal and should never have been used on a child to begin with as it could cause death. So using it in the first place she should've known the danger ~ if that's how Caylee died. MOO

 

[vanjett]

I hear that.

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

 

[mydailyopinions]

http://www.wftv.com/news/18213616/detail.html
State Not Seeking Death Penalty For Casey Anthony
Friday, December 5, 2008 – updated: 6:05 pm EST December 5, 2008
(part of article)
It has to do with the thinking of the jurors. Jurors might be reluctant to convict Casey if they know they'll have to consider a death sentence even though no body has been found in the case.
"Now that they do not have that burden of deciding whether a life or death sentence should be imposed, it would be easier for them to accept the circumstantial evidence and find her guilty of first-degree murder," explained WFTV legal analyst William Sheaffer.

This further entails that the SA is not seeking the death penalty because of any lack in evidence, they just want this criminal off the streets, and if that means LWOP, they are accepting that as enough for them. Sometimes its not about just the evidence, its more about putting them were they belong. They know the chances if they do ask for the DP, and they are not willing to risk anything less than her being locked up the rest of her life.

 

[Nore]

Keep in mind, this could change. However, from a legal point of view, there is not enough evidence yet to go for DP. There is no body, no proof of cause of death. That is why no DP. If this status changes, so can this choice. It is not going to trial in December, that is just pre-trial. Lots can change.

---------------------------

I agree with you.

 

[MD MOMMY]

I personally don't think that's possible since chloroform is illegal and should never have been used on a child to begin with as it could cause death. So using it in the first place she should've known the danger ~ if that's how Caylee died. MOO

I don't think it's possible either FWIW.

 

[Wudge]

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?

If prosecutors thought they had the evidence to prove murder one, then they would have kept the death penalty option. It's as simple as that. After all, little would be more heinous than proving the Mother of a little girl planned and deliberated her murder.

 

[impatientredhead]

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?

There is a huge amount of cost involved in trying a DP case. Minimum number of lawyers for defense, qualification requirements, the state will end up paying for those attorneys at a predetermined hourly rate, etc....... In addition as I mentioned before prosecutors are elected officials, wasting tax money won't get you re-elected easily, and going after the DP and not getting it makes you look ineffective.

For your original question: the jury first goes back to determine their verdict, then there is a penalty phase, the jurors hear mitigating circumstances, they hear from the victims family, the defendants family, etc... and then they go back and come up with their recommendation. They bring back their recommendation and the judge decides final sentencing. They of course usually go with the jury's recommendation but the jury does not determine the penalty/sentencing.

 

[Sundance]

You forgot how she'll probably reach out to all those child-finder orgs that want the whole darn Anthony family to work for them!

:::slaps forehead::: Well, it's very stressful in here you know. She wants to go home and just be with her family - be a hand again.....

 

[Wudge]

SNIP

They know the chances if they do ask for the DP, and they are not willing to risk anything less than her being locked up the rest of her life.

If prosecutors proved their murder one case and kept the death penalty option attached, there would be no risk to LWOP. For if the jury were to decide against the death penalty, the penalty then defaults to LWOP.

HTH

 

[Wudge]

Prosecutors only pursue the death penalty in capital cases 4-6% of the time.

By definition, a capital case is a case where prosecutors are seeking the death penalty. The percentage is not 4-6%. It's a 100%.

 

[Coley]

If prosecutors thought they had the evidence to prove murder one, then they would have kept the death penalty option. It's as simple as that. After all, little would be more heinous than proving the Mother of a little girl planned and deliberated her murder.

This is the last time I will say this AGAIN:

Jury's usually do not impose the DP against someone who has no prior criminal history and if they are women. PERIOD. It has nothing to do with evidence. Your buddy Scott Peterson is on Death Row and you say he is innocent.

 

[LaLaw2000]

IDK but what if that led to a hung jury?

IDK either, but it would seem to me that if it were a DP case there would be much more potential for a hung jury. Even jurors who are against the DP do not seem to have a problem with LWOP if the case and evidence warrants it. This was not an adult murdering another adult, so since it involved a child under 12, I would hope Casey will be convicted and sentenced to LWOP.

Anyone who would say that I have already made up my mind of Casey's guilt would be right, but I will not be a juror at trial. I live in Louisiana, so I will not be called. I honestly believe that the jurors who do have to serve in this case will consider the evidence and testimony and come to an honest verdict.

 

[Jolynna]

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

Exactly.

IMO, because the accused is a pretty young "mom" the state "wussied" out. As I said, prosecutors aren't risk takers. It is easier to get a conviction when the defendant's life is not on the table.

I do not believe Casey would have been charged with first-degree murder without evidence to support the arrest.

I think we will be surprised by what has been held back when the case comes to trial.

MOO

 

[MiraclesHappen]

By definition, a capital case is a case where prosecutors are seeking the death penalty. The percentage is not 4-6%. It's a 100%.

ImpatientRedhead is correct .

The FLORIDA statute does not support your definition, quoted above, but if you have a different cite, I'd like to check it out.


775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--

(1) A person who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in findings by the court that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole.

 

[MiraclesHappen]

If prosecutors proved their murder one case and kept the death penalty option attached, there would be no risk to LWOP. For if the jury were to decide against the death penalty, the penalty then defaults to LWOP.

HTH

Actually under 921.141
of the Florida statutes, the section governing the penalty phase,

we learn that the decision is not the final decision of the jury.

The jury renders an "advisory sentence" (quoted from statute)as to death penalty vs life in prison.


3) FINDINGS IN SUPPORT OF SENTENCE OF DEATH.--Notwithstanding the recommendation of a majority of the jury, the court, after weighing the aggravating and mitigating circumstances, shall enter a sentence of life imprisonment or death, but if the court imposes a sentence of death, it shall set forth in writing its findings upon which the sentence of death is based as to the facts:

 

[Wudge]

ImpatientRedhead is correct .

The FLORIDA statute does not support your definition, quoted above, but if you have a different cite, I'd like to check it out.


775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--

(1) A person who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in findings by the court that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole.

Apart from a felony murder charge in any of the 50 states, proving murder one entails proof of: intent (willful), planning and deliberation (premeditation) and malice aforethought. Singularly proving malice aforethought is the evidence standard for murder two.

HTH

 

[impatientredhead]

By definition, a capital case is a case where prosecutors are seeking the death penalty. The percentage is not 4-6%. It's a 100%.

I am not going to argue symantics with you. In most cases that by definition meet the requirements and make them eligible for the death penalty, the vast majority are not pursued that way.

 

[Coley]

BANG!~ I told ya all this would happen!~

She will get maybe 5 years tops and will get out of jail change her name and move and with the millions of dollars from movie and book deals she will party like a rock star!~

5 years tops and she will be in the clubs drinkin Dom dripping with new bling and swingin on a pole.

Who would a thunk it?

Not only does crime pay....it looks to pay well.

Welcome to the 21st century.

Where exactly does it say this? It doesn't. Just b/c the death penalty is off the table only means she won't be put to death. She can possibly die because of big bertha (maybe). LWOP she will die in jail and LWP which she could go up for parole but it probably won't be granted.