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- Thread starter NJ-Buckeye
- Start date
MightbeaBuck
with hat in hand
Gator had something earlier to say about that type of behavior...DubCoffman62;1949055; said:
Anyway, you said you were going to get rid of about 50 'friends' - this would be the most fun way to do it.Gatorubet;1948862; said:
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FrancisSoyer
Hall of Fame
Well, if I ever decide to kill my kid, at least I know who my defense attorney will be (sit down Gator).
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Gatorubet
Loathing All Things Georgia
Problem is the judge gives them a list of rules called instructions. If they follow them, she walks on murder one. Jurors take this stuff seriously. I bet 100% of the jurors think that more likely than not she killed her daughter. That very reasonable conclusion is not grounds for convicting Anthony on first degree murder, however. Everyone thinks she "probably did it". But that is not the standard that the jury took an oath to follow.MililaniBuckeye;1948929; said:
If it was the "likely" or "probably did it" standard then you'd have a different verdict than the one we got Mili.
What did she die of exactly? That is kind of important. Being dead is not enough.
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Gatorubet
Loathing All Things Georgia
FYI
There is the "Felony Murder" Doctrine that gets you out of the requirement of proving intent. "Felony Murder" is like when you and your buds want to rob a 7-11, so you are the car driver. Your crack head buddy shoots the clerk so as not to ID him. The driver has also committed felony murder, in that he intentionally engaged in certain bad acts as a co-conspirator that led to a death. For the driver, "intent" to kill someone is not needed to convict for murder under the felony murder doctrine, because (in my example) he was part of an armed robbery.
In Florida it is:
So that is child abuse. Now, if she knowingly and willingly abused Kaylee and "in so doing causes great bodily harm...to the child" - you can say it is "aggravated child abuse".
If you went there, then "The unlawful killing of a human being"...."When committed by a person engaged in the perpetration of, or in the attempt to perpetrate"..."aggravated child abuse" - then you could say that Casey was guilty of aggravated child abuse that resulted in a felony murder conviction. But again, HOW she died, and WHAT was the cause of death is the issue. The coroner could not say what she died of, only that he "could not rule out" a number of possibilities. That is very problematic in getting to murder.
I do know that unless you sit through every minute of the testimony - every minute of instructions - and see every exhibit and weigh credibility by actually seeing the person in the witness stand speak and act and body language, then you can't judge what the heck a jury does.
The press generally does a [censored] poor job of reporting what goes on in trials. I've been in trials and read about what supposedly happened that day, and thought WTF????? were they even there? So take that how you want to.
There is the "Felony Murder" Doctrine that gets you out of the requirement of proving intent. "Felony Murder" is like when you and your buds want to rob a 7-11, so you are the car driver. Your crack head buddy shoots the clerk so as not to ID him. The driver has also committed felony murder, in that he intentionally engaged in certain bad acts as a co-conspirator that led to a death. For the driver, "intent" to kill someone is not needed to convict for murder under the felony murder doctrine, because (in my example) he was part of an armed robbery.
In Florida it is:
Which is all to say, if you think beyond a reasonable doubt that Casey intentionally drugged her kid so that she could go out, then that might well qualify as "An intentional act that could reasonably be expected to result in physical or mental injury to a child".
So that is child abuse. Now, if she knowingly and willingly abused Kaylee and "in so doing causes great bodily harm...to the child" - you can say it is "aggravated child abuse".
If you went there, then "The unlawful killing of a human being"...."When committed by a person engaged in the perpetration of, or in the attempt to perpetrate"..."aggravated child abuse" - then you could say that Casey was guilty of aggravated child abuse that resulted in a felony murder conviction. But again, HOW she died, and WHAT was the cause of death is the issue. The coroner could not say what she died of, only that he "could not rule out" a number of possibilities. That is very problematic in getting to murder.
I do know that unless you sit through every minute of the testimony - every minute of instructions - and see every exhibit and weigh credibility by actually seeing the person in the witness stand speak and act and body language, then you can't judge what the heck a jury does.
The press generally does a [censored] poor job of reporting what goes on in trials. I've been in trials and read about what supposedly happened that day, and thought WTF????? were they even there? So take that how you want to.
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OH10
*
Gator:
And I would say I disagree with Florida's felony-murder statute. Under that law, every time a child is killed it would be felony-murder, because it would be impossible to kill a child without also committing the act of aggravated child abuse. That doesn't fit with the intent of the general felony murder statutes.
For example, every murder is also a felonious assault.
There should be a separate animus for the felony compared to the murder. Otherwise, it lends itself to arbitrary and capricious enforcement - especially as it relates to the death penalty.
And I would say I disagree with Florida's felony-murder statute. Under that law, every time a child is killed it would be felony-murder, because it would be impossible to kill a child without also committing the act of aggravated child abuse. That doesn't fit with the intent of the general felony murder statutes.
For example, every murder is also a felonious assault.
There should be a separate animus for the felony compared to the murder. Otherwise, it lends itself to arbitrary and capricious enforcement - especially as it relates to the death penalty.
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DubCoffman62
Lazy Slob
I posted in my status that the next person to post a picture of their kid eating peanut butter and jelly will be removed as a friend. That pretty much covers the crowd I'm aiming at, the stay at home moms who watch that crap on TV all day. So far it's got 4 likes.Muck;1949145; said:
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buxfan4life
The future's so bright, I've gotta wear... shades.
DubCoffman62;1949163; said:
[ame="http://www.youtube.com/watch?v=Q15fB7E28Zs"]YouTube - ITS PEANUT BUTTER JELLY TIME!!!‏[/ame]
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