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emilylives
biking
Member since 12/09 2163 total posts
Name:
Emily
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Question for lawyers/those who know the law (yes, re: Casey Anthony)
Here's the hypothetical scenario:
I'm a juror in the Casey Anthony case. I'm not 100% percent sure what happened. In my mind, one of two things could have happened (1) She intentionally killed Caylee and hid her body. (2) She accidentally killed Caylee while giving her chloroform to fall asleep and then tried to fake her kidnapping. I feel like there is evidence beyond a reasonable doubt that ONE of these two scenarios happened, but I don't know which. Can I find her guilty of felony murder, or do I have to know exactly what happened in order for her to be guilty?
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Posted 7/12/11 6:38 PM  |
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Domino
Always My Miracle
Member since 9/05 9923 total posts
Name:
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Re: Question for lawyers/those who know the law (yes, re: Casey Anthony)
as a hypothetical juror in the casey anthony trial you need to listen to what the judge told you the law was and base your decision on that
Jury Instructions
Also, on the right side of that page you can click on the link to go to the verdict forms that the jury needs to fill out.
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| Posted 7/12/11 6:42 PM |
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emilylives
biking
Member since 12/09 2163 total posts
Name:
Emily
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Re: Question for lawyers/those who know the law (yes, re: Casey Anthony)
Thanks!  Sorry, I was just lazy and was hoping someone would know the answer and I wouldn't have to read the 7 pages of jury instructions. I assume that this is a law that applies not just to this case. Do you have to know what happened, or if you have two possible scenarios, can you charge the person with the lesser crime?
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| Posted 7/12/11 6:55 PM |
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SummerMom
Now a mom of 2!
Member since 6/07 4970 total posts
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Re: Question for lawyers/those who know the law (yes, re: Casey Anthony)
If I understand it correctly (from "Law & Order" ), that's the problem. A juror can only decide guilty/not guilty on the crime that the defendant is being charged with. So if she's charged with Murder 1, you can't say, "well, I don't think she planned it that thoroughly but she did it, so I'll find her guilty of manslaughter instead." You can only find her guilty of manslaughter if she's being tried for manslaughter.
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| Posted 7/12/11 6:59 PM |
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emilylives
biking
Member since 12/09 2163 total posts
Name:
Emily
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Re: Question for lawyers/those who know the law (yes, re: Casey Anthony)
Posted by DavaDay
If I understand it correctly (from "Law & Order" ), that's the problem. A juror can only decide guilty/not guilty on the crime that the defendant is being charged with. So if she's charged with Murder 1, you can't say, "well, I don't think she planned it that thoroughly but she did it, so I'll find her guilty of manslaughter instead." You can only find her guilty of manslaughter if she's being tried for manslaughter.
Okay, right! :) I get this! But I'm wondering if the person is charged with both Murder 1 and Felony Murder, and I'm almost positive I know that one of those two things happened, but I don't know which, can I still find her guilty of the lesser of the two charges?
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| Posted 7/12/11 7:09 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: Question for lawyers/those who know the law (yes, re: Casey Anthony)
Posted by emilylives
Posted by DavaDay
If I understand it correctly (from "Law & Order" ), that's the problem. A juror can only decide guilty/not guilty on the crime that the defendant is being charged with. So if she's charged with Murder 1, you can't say, "well, I don't think she planned it that thoroughly but she did it, so I'll find her guilty of manslaughter instead." You can only find her guilty of manslaughter if she's being tried for manslaughter.
Okay, right! :) I get this! But I'm wondering if the person is charged with both Murder 1 and Felony Murder, and I'm almost positive I know that one of those two things happened, but I don't know which, can I still find her guilty of the lesser of the two charges?
you can only go by the evidence given by the prosecution.....I don;t think the prosecution will give 2 senerios. They try to prove one and you can't go and make up your own.
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| Posted 7/12/11 7:25 PM |
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stickydust
Now a mommy of 2!!!
Member since 4/06 3164 total posts
Name:
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Re: Question for lawyers/those who know the law (yes, re: Casey Anthony)
I did not really follow the case but as a lawyer (although not a criminal lawyer, I can tell you that felony murder is a charge where a murder was committed while committing another felony. So, for example, if you are committing armed robbery and someone accidentaly gets killed - then that is felony murder. So, in this case, she would have to be found guilty of the inderlying felony (probably aggravated child abuse) in order to be found guilty of the felony murder charge.
Obviously she can be found guilty of another murder charge on its own just not felony murder.
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| Posted 7/12/11 9:33 PM |
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Re: Question for lawyers/those who know the law (yes, re: Casey Anthony)
As morally reprehensible as the Anthony verdict was, as a lawyer I have to respect the jury. They followed the law and the jury instructions to the letter- and there was just not enough evidence for them to convict.
I watched only parts of the trial so can't comment fully on every aspect but from what I saw and read, I don't think the prosecution did a great job here. I don't remember whether there was any explanation given as to why they didnt include a Manslaughter charge (maybe it got dropped, I dont know..I was too busy with life to really obsess over these details).. But I was very disappointed with the Prosection in general, and even thogh Baez wasn't doing a great job, he did enough to prove reasonable doubt and thats all he needed here.
Its sad but I hope people dont look at this case and view lawyers poorly over it..I am just as much shocked and sad over it as everyone else.
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| Posted 7/13/11 1:40 AM |
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schmora15
LIF Adult
Member since 9/08 2476 total posts
Name:
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Re: Question for lawyers/those who know the law (yes, re: Casey Anthony)
Posted by EclecticEsq10810
As morally reprehensible as the Anthony verdict was, as a lawyer I have to respect the jury. They followed the law and the jury instructions to the letter- and there was just not enough evidence for them to convict.
I watched only parts of the trial so can't comment fully on every aspect but from what I saw and read, I don't think the prosecution did a great job here. I don't remember whether there was any explanation given as to why they didnt include a Manslaughter charge (maybe it got dropped, I dont know..I was too busy with life to really obsess over these details).. But I was very disappointed with the Prosection in general, and even thogh Baez wasn't doing a great job, he did enough to prove reasonable doubt and thats all he needed here.
Its sad but I hope people dont look at this case and view lawyers poorly over it..I am just as much shocked and sad over it as everyone else.
I'm pretty sure the manslaughter charge was included and the jury found her not guilty of that as well.
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| Posted 7/13/11 7:27 AM |
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DramaQueen10
LIF Infant
Member since 1/11 256 total posts
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Re: Question for lawyers/those who know the law (yes, re: Casey Anthony)
Based on either one of your scenarios, she could be found guilty of first degree murder. Your first scenario would be premeditated murder and the second scenario would be felony murder, both of which are first degree murder.
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| Posted 7/13/11 10:29 AM |
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emilylives
biking
Member since 12/09 2163 total posts
Name:
Emily
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Re: Question for lawyers/those who know the law (yes, re: Casey Anthony)
Posted by DramaQueen10
Based on either one of your scenarios, she could be found guilty of first degree murder. Your first scenario would be premeditated murder and the second scenario would be felony murder, both of which are first degree murder.
Oh!! Ok. Thanks for clarifying!! I didn't realize that felony murder was first degree murder.
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| Posted 7/13/11 10:34 AM |
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DramaQueen10
LIF Infant
Member since 1/11 256 total posts
Name:
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Re: Question for lawyers/those who know the law (yes, re: Casey Anthony)
Posted by emilylives
Posted by DramaQueen10
Based on either one of your scenarios, she could be found guilty of first degree murder. Your first scenario would be premeditated murder and the second scenario would be felony murder, both of which are first degree murder.
Oh!! Ok. Thanks for clarifying!! I didn't realize that felony murder was first degree murder.
you're welcome 
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| Posted 7/13/11 10:41 AM |
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