OK, thank you for your response
So the premeditation didn't apply to count 3?
That's right-premeditation is not an element of manslaughter-so the only 2 ways to go on it are child abuse as the aggravating circumstance or culpable negligence. The stae argues child abuse and premeditation-but they did not argue accident or negligence. So the jury would have had to bought into the defense notion of an accident or negligence to convict on this. This is my opinion.
And I have heard this before, and I still don't understand it. Why have a charge on there, they couldn't find her guilty of. I also heard something in JP's instructions that confused me, realizing I may not have gotten it all. But something about, the only count they could find her guilty of is count 1....I know I am missing something, just hoping someone can straighten me out lol. TIA
They can find her guilty of it, but IMO, without the aggarvated child abuse to substantiate or without a state argument FOR accident or negligence I am not sure how the jury would arrive at that conclusion.
But be clear,the state did argue aggravated child abuse which would have opened the door to guilty verdicts-but the jury didn't go for it. IMO and IMO only this is the heart of the matter.
Guilty on child abuse would have made a clear path to guilty in any direction,ie manslaughter or murder in some degree. But no aggravted child abuse ruled out felony murder with ease.
Elements to be proven for:
AGGRAVATED MANSLAUGHTER OF A CHILD
§ 782.07, Fla. Stat.
To prove the crime of Aggravated Manslaughter of a Child, the State must prove the following two elements beyond a reasonable doubt:
1. Caylee Marie Anthony is dead.
2. Casey Marie Anthony’s act(s) caused the death of Caylee Marie Anthony.
Or
The death of Caylee Marie Anthony was caused by the culpable negligence of Casey Marie Anthony.
I will now define "culpable negligence" for you. Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights. The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury.
If you find the defendant guilty of Aggravated Manslaughter of a Child, you must then determine whether the State has further proved beyond a reasonable doubt that Caylee Marie Anthony was a child whose death was caused by the neglect of Casey Marie Anthony, a caregiver. “Child” means any person under the age of 18 years.
“Caregiver” means a parent, adult household member, or other person responsible for a child’s welfare.
Neglect of a child” means:
1. A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain a child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child. Repeated conduct or a single incident or omission by a caregiver that results in, or could reasonably be expected to result in, a substantial risk of death of a child may be considered in determining neglect.
MURDER – FIRST DEGREE
§ 782.04(1)(a), Fla. Stat.
There are two ways in which a person may be convicted of first degree murder. One is known as premeditated murder and the other is known as felony murder. In order to find the defendant guilty of murder in the first degree, the State must convince you beyond a reasonable doubt of the defendant’s guilt of either premeditated murder or felony murder. While you must all agree that the State has proven first degree murder beyond a reasonable doubt, you need not be unanimous in your opinion as to whether that finding is based upon premeditated murder or felony murder as I shall now define those terms.
To prove the crime of First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt:
1. Caylee Marie Anthony is dead.
2. The death was caused by the criminal act of Casey Marie Anthony.
3. There was a premeditated killing of Caylee Marie Anthony.
An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.
"Killing with premeditation" is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.
The question of premeditation is a question of fact to be determined by you from the evidence. It will be sufficient proof of premeditation if the circumstances of the killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the killing.
FELONY MURDER – FIRST DEGREE
§ 782.04(1)(a), Fla. Stat.
To prove the crime of First Degree Felony Murder, the State must prove the following three elements beyond a reasonable doubt:
1. Caylee Marie Anthony is dead.
2. The death occurred as a consequence of and while Casey Marie Anthony was engaged in the commission of Aggravated Child Abuse.
Or
The death occurred as a consequence of and while Casey Marie Anthony was attempting to commit Aggravated Child Abuse. 3. Casey Marie Anthony was the person who actually killed Caylee Marie Anthony.
In order to convict of First Degree Felony Murder, it is not necessary for the State to prove that the defendant had a premeditated design or intent to kill.
http://insession.blogs.cnn.com/2011/07/04/jury-instructions-in-the-casey-anthony-trial/
