OneLostGrl
I'm going against the grain- I'm going sane
- Joined
- Jul 21, 2004
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I enjoyed reading through all the very different, yet strongly held, views here when trying to catch up with this thread. I've already said that a NGRI is really not going to fly, because defendants have to prove beyond a reasonable doubt they are insane. Regardless of your views on sane/insane, there needs to be strong evidence of insanity to carry that burden (which we just don't have here).
But its important to keep in mind when looking at the evidence is that we're basing our judgments on ALL of the possible evidence released thus far - not the evidence judged relevant and admissible at trial. Evidence law leans towards exclusion with evidence that is inculpatory towards criminal defendants. Scientific evidence also has to be shown not just to be reliable, but reliable in regards to the particular facts of the case.
For example - a very disturbing example - paternity tests aren't admissible in sexual assault cases unless the defendant has admitted to having sex with the victim. The victim accuses the defendant of raping her, and she is pregnant with his child. You'd think that is admissible as CLEAR evidence of at least sexual intercourse (an element of the crime of rape). But Bayes Theorm that's used to determine paternity is based on the assumption that the defendant and another man both had sex with the victim - and each would be equally as likely to have impregnated her. And then it shows that based on DNA, the defendant is 99% likely to be the father. Since criminal defendants have a presumption of innocence, the Court won't allow in evidence that is based on a 50% probability of him having committed an element of the offence - sex with the victim.
Of course that's not in issue here, but I am a little concerned about the admissibility of the body farm evidence under Daubert, and some of the FBI evidence that was not "statistically significant." I'd have to refresh my memory with the actual numbers and see Florida's exact scientific evidence requirements, but its just a thought.
So, the point of this post (it has one) was just to say that I think keeping a more open mind than we think is needed/justified is important - at least if we are discussing what will actually happen at trial. I can look at the evidence now and have very strong theories, but are my theories as strong if half of my evidence is declared irrelevant or prejudicial by an overly-cautious judge? Then I, as a prosecutor, would have to look at what is left - see what wild theories the defense is going to try to introduce - and make sure I have a clear and coherent explanation for every single one. You don't want to give the defense an opening for reasonable doubt by being so focused on your 100% "correct" theory that you mis-judge a convincing defense witness. Judge and jury are only human.
Great post, thanks!
The evidence/lack of it is my biggest problem in this case. If she did this, I'm hoping they have more evidence than what we have seen or I think she may just walk. The only things I'm sure of in this case is that Casey is sane and that she comes from quite a dysfunctional home. That's it.