TURBOTHINK
Former Member
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- Aug 18, 2008
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I think reasonable doubt would be easy to instill in a juror's mind.
I believe the only 'reasonable doubt" would be in a capital murder one case.
There is no doubt she put her child in the position to be killed, and that would be paramount in the mind of any juror. She will be found guilty of most likely 2nd degree depending on the defense's premise as to whether it was an accident or not.
782.04 Murder - First Degree, can have extenuating circumstances which cause it to be indicted under first degree.
Aggravated child abuse is one of them, and it seems to me that can be easily proved in this case.
Second Degree.......
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 and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.