Brooks Case REVISIT

[TexasLil]

I think this definition helped me better understand where the state may be coming from with the charge too. IMO they would only have to prove Casey was guilty of felony child abuse and (whether they can prove she actually killed Caylee or not) they can still charge felony murder. Could be way off base here but just my take on it.

n. If a death occurs during a felony, it is considered to be first degree murder and all of the felony's participants (or attempted felony's participants) can be charged and found guilty of murder. For example: if a robbery involves more than one criminal and one of them kills a clerk, all of the participants can be found guilty of murder even if they all did not have a gun or intend to hurt anyone. Similarly, if one of the holdup men or women is killed, his/her fellow robbers can be charged with murder.

http://www.legal-explanations.com/definitions/felony-murder-doctrine.htm

 

[JBean]

I think this definition helped me better understand where the state may be coming from with the charge too. IMO they would only have to prove Casey was guilty of felony child abuse and (whether they can prove she actually killed Caylee or not) they can still charge felony murder. Could be way off base here but just my take on it.

n. If a death occurs during a felony, it is considered to be first degree murder and all of the felony's participants (or attempted felony's participants) can be charged and found guilty of murder. For example: if a robbery involves more than one criminal and one of them kills a clerk, all of the participants can be found guilty of murder even if they all did not have a gun or intend to hurt anyone. Similarly, if one of the holdup men or women is killed, his/her fellow robbers can be charged with murder.

http://www.legal-explanations.com/definitions/felony-murder-doctrine.htm

Thanks TL, that is helpful info.
But don't forget, the state is not charging KC with felony murder but rather premeditated murder and lesser charges can be considered as well.

 

[TexasLil]

Thanks TL, that is helpful info.
But don't forget, the state is not charging KC with felony murder but rather premeditated murder and lesser charges can be considered as well.

Very true. Slip of words and charges on my part. Thanks.

 

[JBean]

Here are the complete jury instructions including the new changes and the all the background. Interestingly they did not adopt the change regarding forms for felony murder.
There is a lot of good information in here and they are current as of 10/29/09

http://www.floridasupremecourt.org/decisions/2009/sc05-960.pdf

 

[JBean]

bump for reading

 

[Cubby]

Thanks for bumping this JBean.

I'm wondering if ICA wishes she had only placed a single piece of duct tape over her daughters mouth.......

Imo aggravated child abuse has been proven by the state based on the number of pieces of duct tape found on Caylees mouth provided they do not need to prove the duct tape was placed on her prior to death.

I don't think the state has to prove the duct tape was placed prior to death do they?