Madeleine74
Knower of Things
- Joined
- Apr 7, 2011
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The way LE is using the term "direct evidence" is different than the legal meaning of the term. They are probably referring to physical evidence or forensic evidence that links HE to the M's home or property (property could also be a vehicle).
In pure legal terms, physical evidence and forensic evidence is also "circumstantial evidence." That is often confused by most people. Direct evidence consists of the following: eyewitness to the murder or a confession to the murder. Everything else is "circumstantial" evidence. Both are given equal weight in a court of law.
Regarding them getting the death penalty, my opinion is that won't happen. There are 3 children caught in the middle of this mess. Throwing one or both parents onto death row is not something undertaken lightly and I would be very surprised if the DA went that route. I also can't imagine the Elvis family would be in favor of that because of the impact on the 3 kids who will no longer see their parents outside of a prison. Remember the youngest is 8 yrs old. And, when considering the DP, the DA will weigh this crime against others. Is this crime and are these criminals the "worst of the worst?" It's horrible, but no. Killing multiple people is considered worse. Killing a young child is considered worse. The DP is for the worst of the worst. This case is tragic, no doubt about it, but as far as crimes go, it's more common than not. There are no priors -- no prior felonies, no prior murders. All those things are considered. It's not an emotional decision, it's made using a set of factors.
And in regards to the wording of the murder charge, it's standard verbiage for a first degree charge. Still has to be proved in a court of law. "Malice aforethought" means it wasn't an accident--that the Moorer's intended to cause bodily harm to Heather and then did so. First degree murder involves premeditation. Second degree murder involves malice but no premeditation. I don't know exactly which charge they're getting or what a jury will have to decide. All in good time...
In pure legal terms, physical evidence and forensic evidence is also "circumstantial evidence." That is often confused by most people. Direct evidence consists of the following: eyewitness to the murder or a confession to the murder. Everything else is "circumstantial" evidence. Both are given equal weight in a court of law.
Regarding them getting the death penalty, my opinion is that won't happen. There are 3 children caught in the middle of this mess. Throwing one or both parents onto death row is not something undertaken lightly and I would be very surprised if the DA went that route. I also can't imagine the Elvis family would be in favor of that because of the impact on the 3 kids who will no longer see their parents outside of a prison. Remember the youngest is 8 yrs old. And, when considering the DP, the DA will weigh this crime against others. Is this crime and are these criminals the "worst of the worst?" It's horrible, but no. Killing multiple people is considered worse. Killing a young child is considered worse. The DP is for the worst of the worst. This case is tragic, no doubt about it, but as far as crimes go, it's more common than not. There are no priors -- no prior felonies, no prior murders. All those things are considered. It's not an emotional decision, it's made using a set of factors.
And in regards to the wording of the murder charge, it's standard verbiage for a first degree charge. Still has to be proved in a court of law. "Malice aforethought" means it wasn't an accident--that the Moorer's intended to cause bodily harm to Heather and then did so. First degree murder involves premeditation. Second degree murder involves malice but no premeditation. I don't know exactly which charge they're getting or what a jury will have to decide. All in good time...
