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casey anthony got away with it

GPIDEAL

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Jun 27, 2010
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As in, making an decision of guilt or innocence before the trial has begun and evidence heard?

Sounds about right for Nancy Grace!
No, that she being a former practicing lawyer (was she?) can analyze what she reads, understand more, and come to a different conclusion. (I don't think she just relies on TMZ reports).

Do you think she was wrong about OJ? (I doubt that that jury was the most capable one).
 

GPIDEAL

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Jun 27, 2010
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Mur11, the problem is that the prosecution just couldn't convince the jury beyond a reasonable doubt that Casey Anthony killed her daughter. There was no cause of death so it is within the realm of possiblity that it was an accidental or even a natural death. The duct tape did not have any of her DNA on it. The Defence brought all of this to the Jury's attention and it was enough.

The one thing I can definately say is that there are four people at least one of whom knows exactly what happened to that two year old girl. Not to start up the we hate religion gang, but this is one of those times where I have to say that who ever or whom ever that is, that in the end there will be a final accounting.
This may be incorrect, but someone told me that the baby's body was in a swamp and after a lengthy time, such DNA evidence would be lost. Is that true? If so, it's quite clever of the murderer (or they could've worn surgical gloves and disposed of them too).
 

GPIDEAL

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Jun 27, 2010
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I belive the since the civil court was not subject to the same standards as the criminal court you should not say they found that he caused the death. The find was that they thought he could have caused the death and since they thought no one else had reason to kill them - they decided he was mostly to have done it.
Correct. The civil suit's burden of proof is based on a 'balance of probabilities' - you must tip the scale.

In a murder case, the burden of proof is 'beyond a reasonable doubt to a moral certainty'.
 

GPIDEAL

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Jun 27, 2010
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If she doesn't rely on TMZ, then where does she get her evidence to base her speculation? Does the prosecutor disclose their case to her? Does the defence share their strategy with Nacy Grace or let her in on their rebuttle witnesses?

So on what factual basis does she base her (wrong) opinions?
Aren't there news reports from reputable newspapers or agencies? Maybe Nancy Grace has a reporter in the jury room?




Actually, at the risk of attracting derision... I have some suspicion that OJ's son was the killer.
Vincent Bugliosi wrote a book called 'Outrage' about the OJ trial and thinks it was a joke and slam dunk for a guilty verdict. I would love to read it.
 

GPIDEAL

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Jun 27, 2010
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When she is released from custody, she has no home and her parents would probably dis-own her, where is she going to go? Maybe she would escort for money perhaps? Would any of you bang her?
How could she? Everybody would recognize her. (Maybe she'll move to Toronto and escort?)

Seriously though, she can make more money on the interview circuit, if they ask her. But that could open up a can of worms if she talks too much (why did you lie?).
 

Malibook

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At the very least, she should be charged with obstruction of justice and something related to the inhumane treatment of a body.
The reason why an autopsy couldn`t make a determination on the cause of death is because she dumped the body in a swamp and lied about it long enough for decomposition.
For me, the duct tape is telling enough and I don`t see why the exact cause of death is absolutely paramount just like I don`t think it matters if it is indeterminate whether the duct tape was over the eyes or mouth or both.

The kid died from an accident so you duct tape the head and dump the body in a swamp?
Even if she is telling the truth, she belongs in a mental institution.
 

GG2

Mr. Debonair
Apr 8, 2011
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The girl is innocent.
She's been found not guilty. Nobody knows if she's innocent or not because no direct evidence pointed to her being responsible for the death.

The dad probably knows something. Why would he have tried to commit suicide? I didn't follow the trial closely but the whole suicide thing stands out, even though he apparently left a suicide note and nothing in it pointed to his guilt or involvement. But if I had a kid and it was found dead, would it be reasonable for my dad to want to kill himself?
 

GG2

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Apr 8, 2011
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If Casey becomes a celebrity over this and directly or indirectly makes millions from the case, will anybody doubt that America really is the land of opportunity? lol
 

mandrill

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Aug 23, 2001
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An appeal of a jury's finding of not guilty is not the equivalent of being re-charged. The double-jeopardy provisions of the US Constitution do not come into play in an appeal - it is not double jeopardy because it is merely a continuation of the original proceeding. In truth, the DA's office could appeal the verdict if they want to. However in order to appeal successfully they would have to show the Appeals court an error in law (e.g., the judge's instructions to the jury were flawed, a piece of evidence was admitted that should not have been, a piece of evidence was excluded that should have been admitted).

In Canada the Crown Attorney could also succeed on appeal if they could prove the jury's verdict was so unreasonable that no reasonable jury, presented with the same evidence, could possibly have reached that conclusion. It is a very high standard and a very rare day when an appellate court will overturn a jury's verdict on that basis. The jury is the one that heard all the evidence and had the best opportunity to assess the credibility of the witnesses by observing their demeanour on the stand - their verdict is entitled to a significant degree of deference by the appeals court. I imagine there is a similar standard in Florida but never having practiced there I would not be inclined to speculate - Aardvark would know better what the standard would be to over turn a jury verdict in the US.

I am sure the DA in this case is closely reviewing their options for appeal - it is standard practice anytime a case is lost.
IIRC, the double jeopardy provisions of the US Consitution prevent the state appealing a criminal acquittal. Canada and New Zealand are the only common law countries that allow the state to appeal in criminal cases IIRC.
 

colt

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IIRC, the double jeopardy provisions of the US Consitution prevent the state appealing a criminal acquittal. Canada and New Zealand are the only common law countries that allow the state to appeal in criminal cases IIRC.
Thanks oagre ... I stand corrected. That is quite interesting that they don't get any more kicks at the can.
 

GG2

Mr. Debonair
Apr 8, 2011
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Hell no. I hope she gets released on Thursday and becomes a big star. It'd serve all you right for the warped society you help to propagate through your intractable ignorance.
 

Aardvark154

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An appeal of a jury's finding of not guilty is not the equivalent of being re-charged.
You are mixing Canadian Criminal Procedure and U.S. Criminal Procedure. In the U.S.A. ONLY the DEFENCE can appeal a verdict.

Oops, after I posted I see that Oagre beat me to it.
 

carpaltunnel

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Nov 5, 2004
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That's in interesting quirk of laws between similar countries!

The US practice makes sense to me as the full force and resources of the government are brought to bear on the accused and if they still can't convict someone....

Any thoughts on the rationale behind the difference?
Our conviction rate is way lower. Although I believe we may inherited that appeal right from the Brits. The beyond a reasonable doubt standard is applied way more stringently up here. There are counties in the US where the prosecutors have a 90% conviction rate - pretty scary.
 

Aardvark154

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That's in interesting quirk of laws between similar countries. . . . Any thoughts on the rationale behind the difference?
One possible factor may be the time factor of when each country split from English Law. One example: in the U.S. Lawyers are generally refered to as Attorneys (and Counselors at Law) prior to 1873 those who appeared in the common law courts (not the higher courts) in England and Wales were termed Attorneys, in 1873 they were redesignated solicitors (which heretofore had been the title for those who practised in the courts of Equity) while Counselor-at-Law was an older term for a Barrister particularly those who practiced in Admiralty. Of course in Canada the language is that of a number of years later: Barrister and Solicitor.
 

Aardvark154

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She can't be charged by the state. However if they can find the law, the Federal government can still charge her.

Example would be perhaps kidnapping, and/or accessory to it, after all the child did dissapear for a time and she never called anyone about it.
This is the doctrine of "Dual Sovereignty" New York can't try you twice for the same murder, but the U.S. Government might be able to try you in U.S. District Court for Kidnapping or Violation of Civil Rights IF such charges were justified.
 

Aardvark154

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This may be incorrect, but someone told me that the baby's body was in a swamp and after a lengthy time, such DNA evidence would be lost. Is that true? If so, it's quite clever of the murderer (or they could've worn surgical gloves and disposed of them too).
Yes the child’s skeleton was found in a swamp many months after she was last seen.

I don’t claim to be a DNA expert but it is my understanding that you are correct.
 
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