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

[Pattymarie]

The state can't prove that Casey killed her and when - even with the death band - still if they had a body they wouldn't be able to tell who killed her either - unless they would be able to get a reading of the chloroform they found in the ca

So are you saying the only way they can prove she killed her is if someone witnessed it? Or if they found a murder weapon with her fingerprints on it? Isn't the circumstantial evidence and the motive very strong here? Also, isn't the proof of the unprecidented lies point to guilt? Isn't the DNA/air samples enough? Still awaiting evidence on the stain. Is the only way to convict in this country boiled down only to visual proof? How do you prove, according to these criteria a crime so diabolical that a two year went missing unnoticed for 31 days, thereby eliminating convential proof?

If there is no justice for Caylee....and I am worried about that based on what I read here...I am comforted by the fact that she is in heaven and at peace. I am comforted by the fact that even if KC gets minimum time or God forbid, gets off...hers and her family's life will never be normal again. She WILL end up like OJ...guilty of something else...because if let off, no one but low lifes will associate with her which WILL lead to more criminal activity. And for her parents, protecting KC will never bring their beloved granddaughter back...so their fate is also sealed, whether are justice system prevails or not. Sigh....

 

[LaLaw2000]

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.

Thank you for quoting that statute, MiraclesHappen!

:blowkiss:

 

[Wudge]

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:

My point was and remains the same; i.e., LWOP is not risked by asking for the death penalty.

 

[MD MOMMY]

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.

This is true, but the fact remains that women have been sentenced to death row in the past and have been executed. NOW there aren't many of course. Everyone has their theory on why they aren't seeking the death penalty. Some say lack of evidence, some say it's because she is a woman with no criminal background etc. I personally think they aren't going for it because there is no body. I am aware cases have been tried/convicted with no body, but I honestly think that is the issue here and now. JMO.:crazy:

ETA..I would bet the bank IF Caylee is recovered the death penalty WILL be thrown in the mix.

 

[MiraclesHappen]

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

The quoted statute is to refine the phrase, "capital case", per Florida statutes.

We all have our own opinions as to what proves what degree of murder. I am currently citing Florida law, though, as opposed to just stating my opinion.

 

[MiraclesHappen]

Thank you for quoting that statute, MiraclesHappen!

:blowkiss:

:blowkiss:

 

[Wudge]

This is true, but the fact remains that women have been sentenced to death row in the past and have been executed. NOW there aren't many of course. Everyone has their theory on why they aren't seeking the death penalty. Some say lack of evidence, some say it's because she is a woman with no criminal background etc. I personally think they aren't going for it because there is no body. I am aware cases have been tried/convicted with no body, but I honestly think that is the issue here and now. JMO.:crazy:

Correct. The lack of a body goes to insufficient evidence to support the charges. It works against prosecutors, hard.

 

[Coley]

This is true, but the fact remains that women have been sentenced to death row in the past and have been executed. NOW there aren't many of course. Everyone has their theory on why they aren't seeking the death penalty. Some say lack of evidence, some say it's because she is a woman with no criminal background etc. I personally think they aren't going for it because there is no body. I am aware cases have been tried with no body but I honestly think that is the issue here and now. JMO.:crazy:

I agree. There are some cases. I just remember when Lamar L. was talking about it he stated that she has no record and that jury's usually don't impose on women. I guess I should have just stated that cause some people can't read my mind lol ITA about the body. But since we have learn that only state and local LE are the ones who have to release info under the sunshine law who knows if FBI has "some" of her or not.

 

[Coley]

No body...no solid case.

End of story.

She will be free and parting like a rock star with a changed name a new home and millions of dollars in the bank...mark my words.

That girl will either walk or get a short sentence.

hmmmm, ok....

 

[MiraclesHappen]

My point was and remains the same; i.e., LWOP is not risked by asking for the death penalty.

I thought you had posted that if the jury decided against the death penalty then it would default to life.

I am quite certain that the Florida statute does not allow for the triggering of so substantial an event when the jury renders its decision as to the penalty for it is merely advisory by statute.

I have already cited the applicable Florida law.

 

[MD MOMMY]

I agree. There are some cases. I just remember when Lamar L. was talking about it he stated that she has no record and that jury's usually don't impose on women. I guess I should have just stated that cause some people can't read my mind lol ITA about the body. But since we have learn that only state and local LE are the ones who have to release info under the sunshine law who knows if FBI has "some" of her or not.

Bolded by me..

I will fall on the floor if I learn they have anything in regards to Caylee's remains. If I learn that they do and no death penalty..I will be one ticked off MOMMA! LOL.

 

[okok]

hmmmm, ok....

No...that would be...okok. :crazy::blowkiss:

 

[Wudge]

The quoted statute is to refine the phrase, "capital case", per Florida statutes.

We all have our own opinions as to what proves what degree of murder. I am currently citing Florida law, though, as opposed to just stating my opinion.

What are the alleged unique elements that you claim are required to prove murder one in Florida that are apart from: intent (willful), planning and deliberation (premediatation) and malice aforethought?

(this will be good)

 

[panthera]

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

Just too many things that point away from an accident, imo. Somebody certainly looked like they were searching ways to plan a death, even maybe more than just Caylee's. MOO

 

[robotdog]

No body...no solid case.

End of story.

She will be free and parting like a rock star with a changed name a new home and millions of dollars in the bank...mark my words.

That girl will either walk or get a short sentence.

nawwww....

she is toast

i think the prosectors are looking to let the family keep spinning and there will be a few more arrests before this thing is all over

she will be locked away a longggggggggggggggggg time

 

[Coley]

No...that would be...okok. :crazy::blowkiss:

ha okok, ok okok? :crazy:

 

[panthera]

Hung juries or an acquittal also make a prosecutor look bad.

I think the computer forensics plus Casey's Blockbuster video will do her in.

IMO

And the Fusian photos later that week, plus all the text messages and so forth. Her behavior sure didn't seem to be a grieving mother whose child had just been abducted. MOO

 

[robotdog]

No...that would be...okok. :crazy::blowkiss:

:crazy::crazy::crazy:

that was kind of funny... mmmmmm actually very funny

you are still wrong but you are funny

 

[Coley]

Bolded by me..

I will fall on the floor if I learn they have anything in regards to Caylee's remains. If I learn that they do and no death penalty..I will be one ticked off MOMMA! LOL.

I think they can change it. Maybe they are DNA testing to ensure it is her and maybe at the 12th hour they will confirm it and then once the body.....DEATH PENALTY. I'll PM you with some stuff.

 

[MiraclesHappen]

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

(2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree

From Florida statutes...