Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
What Were They Thinking? Why Casey Anthony was found not Guilty of Murder

What Were They Thinking? Why Casey Anthony was found not Guilty of Murder

Ratings: (0)|Views: 11 |Likes:
Published by Carr Mach
For the first time since the O.J. Simpson verdict back in 1995, the media are up in arms over a murder acquittal. Despite what many consider overwhelming evidence that Casey Anthony murdered her daughter Caylee and disposed of the body, the twelve jurors who considered the evidence judged her not guilty of all the crimes, with the exception of lying to police investigators.
For the first time since the O.J. Simpson verdict back in 1995, the media are up in arms over a murder acquittal. Despite what many consider overwhelming evidence that Casey Anthony murdered her daughter Caylee and disposed of the body, the twelve jurors who considered the evidence judged her not guilty of all the crimes, with the exception of lying to police investigators.

More info:

Published by: Carr Mach on Jul 08, 2011
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

07/08/2011

pdf

text

original

 
AVS Criminal Law @ 2011
What Were They Thinking?Why Casey Anthony was found not Guilty of Murder.
For the first time since the O.J. Simpson verdict back in 1995, the media are up in arms over a murderacquittal. Despite what many consider overwhelming evidence that Casey Anthony murdered her daughterCaylee and disposed of the body, the twelve jurors who considered the evidence judged her not guilty of all the crimes, with the exception of lying to police investigators.The media reporting about the case and Casey Anthony’s various misdeeds made a guilty verdict seem likea foregone conclusion. Headline News demagogue Nancy Grace would have issued her the death penaltyand carried out the sentence herself. Yet twelve members of the public decided that they did not haveenough evidence to convict Casey Anthony of murdering her daughter. Since none of the twelve jurors towhom all the facts were presented have spoken publicly about why they acquitted Casey Anthony, thereare several possibilities as to why the “Tot Mom” will go free.
Casey Anthony and the CSI Effect :-
The average member of the public gets a good amount of their legal knowledge from television. Thanks tocop shows, even those who have never been arrested can recite the Miranda warnings. David E. Kelleydramas have made people thinks of lawyers as consummate showmen prone to grandstanding incourtrooms, while in most cases they are dry and methodical. And over the past decade, thetremendously popular CSI series have conditioned the public to expect defendants to be proven guiltybeyond a reasonable doubt thanks to irrefutable DNA evidence.This was recently an issue in the New York City “rape cops” case, in which one officer was accused of raping a drunk woman while the other one stood guard. Despite clear witness testimony as to whathappened that night, the prosecution did not present any physical, scientific-based evidence to bolstertheir case, even though none seemed necessary. The defense theory wasn’t that the one officer didn’thave sex with her; the argument rather was that it was consensual. Still, jurors later admitted thatdespite believing that the cops were guilty, they could not issue a verdict of guilty beyond a reasonabledoubt because of the lack of DNA evidence, even when DNA evidence was absolutely irrelevant to thecase.It is possible that the jurors in the Casey Anthony case made the same decision. The prosecution did nothave any direct physical evidence tying Casey Anthony to her daughter’s death, and the physical evidencethat they did present may have been considered too novel and untested to be reliable. That CayleeAnthony’s body was found months after she had gone missing and had decomposed significantly wasundoubtedly a benefit to the defense; any physical evidence that may have been found if the body werediscovered earlier had deteriorated.
Witness for the Prosecution :-
One of the most famous Agatha Christie mysteries is “Witness for the Prosecution,” in which a devotedwife testifies against her husband for murder then allows herself to be completed discredited on thewitness stand, thus sowing enough doubt that her husband, whom she knows is guilty, will be acquitted.
 
AVS Criminal Law @ 2011The mystery relies on the assumption that in a case where none of the witnesses are believable, the jurywill naturally reach a conclusion of not guilty. Uncertainty and confusion favor the defense, even when thedefense is responsible for that uncertainty and confusion.The Casey Anthony trial certainly had enough of that, delving into a strange dynamic among the Anthonyfamily that would not be out of place in a Tennessee Williams melodrama. The defense never presentedevidence that George Anthony molested his daughter, as promised in the opening statement, but theconflicting stories and odd behavior by witnesses likely only helped the defense. The jurors did not needto believe any of Casey Anthony’s various explanations for her daughter’s disappearance. They just had todisbelieve everyone else, which each member of the Anthony family who testified made it very easy to do.
Why Did She Do It? Murder One or Manslaughter. :-
The various media accounts have condemned Casey Anthony as a terrible mother who wanted to freeherself from the burden of raising a small child and killed her child so she could live a free life of a singletwenty-something. In accordance with this theory, the prosecution charged her with first degree murder,which requires premeditation. Casey was also charged, in the alternative, with aggravated manslaughter,which left open the possibility that she was responsible for the death, but the death was still accidental.Having tried for a conviction for first degree murder, which carries the death penalty in Florida, theprosecutors likely overreached. Because they were unable to effectively prove that Casey deliberatelymurdered Caylee to free herself of the burdens of motherhood, the prosecution likely also made it difficultfor jurors to decide on manslaughter; given the choice, they chose neither. Had the prosecution gone forthe lesser charge against Casey Anthony, one that did not require proving premeditation and thus requireda motive that may have seemed only a vague hypothesis, the jurors might have been more willing toconvict her based on the physical evidence.The vast majority of criminal cases end not in jury verdicts, but in plea bargain agreements betweenprosecutors and defense attorneys. In many cases where a plea bargain cannot be reached, it representsa failure by one of the sides. While no one yet knows whether or not both sides attempted to reach a pleadeal, it is easy to surmise that the prosecution, responding to public anger over the case stoked byprofessional witch-hunters like Nancy Grace, may not have offered a plea bargain to Casey Anthony andinstead pursued a first degree murder case that they could not hope to prove.America loves its salacious criminal trials, whether Casey Anthony, O.J. Simpson or Scott Peterson, but inthe end CNN and Fox News do not convict people of crimes. Juries do, based on the evidence that isconstitutionally permissible to present. Whether or not Casey Anthony killed her daughter, it is the juryalone that makes that decision and not Nancy Grace. A woman who claims that “the devil is dancing in thestreet” based on the verdict and feels fit to attack the character of the jurors based on their decisiondeserves no say in the process. Her heart and mind belong not in twenty-first century America, but inSpain during the Inquisition or Salem during its witch trials.
Justice for Caylee! :-
The common refrain after the not guilty verdict was announced was that there was no justice for CayleeAnthony. It seems like a nice sentiment, but it’s a dangerous one. It treats justice like a commodity thatcan be traded, bought or bargained away like precious metals or trading cards.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->