Avoiding Death Row

[J.D.]

I post. You decide. :D

The Florida Death Penalty Statute
Florida Statutes (1993)
921.141 Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence. ---
(1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY. Upon conviction or adjudication of guilt of a defendant of a capital felony, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment as authorized by s. 775.082. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If, through impossibility or inability, the trial jury is unable to reconvene for a hearing on the issue of penalty, having determined the guilt of the accused, the trial judge may summon a special juror or jurors as provided in chapter 913 to determine the issue of the imposition of the penalty. If the trial jury has been waived, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose, unless waived by the defendant. In the proceeding, evidence may be presented as to any matter that the court deems relevant to the nature of the crime and the character of the defendant and shall include matters relating to any of the aggravating or mitigating circumstances enumerated in subsections (5) and (6). Any such evidence which the court deems to have probative value may be received, regardless of its admissibility under the exclusionary rules of evidence, provided the defendant is accorded a fair opportunity to rebut any hearsay statements. However, this subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the Constitution of the State of Florida. The state and the defendant or his counsel shall be permitted to present argument for or against sentence of death.

(2) ADVISORY SENTENCE BY THE JURY. After hearing all the evidence, the jury shall deliberate and render an advisory sentence to the court, based upon the following matters:

(a) Whether sufficient aggravating circumstances exist as enumerated in subsection (5);

(*) Whether sufficient mitigating circumstances exist which outweigh the aggravating circumstances found to exist; and

(c) Based on these considerations, whether the defendant should be sentenced to life imprisonment or death.

(3) FINDINGS IN SUPPORT OF SENTENCE OF DEATH. Notwithstanding the recommendation of a majority of the jury, the court, after weighing the aggravating and mitigating circumstances, shall enter a sentence of life imprisonment or death, but if the court imposes a sentence of death, it shall set forth in writing its findings upon which the sentence of death is based as to the facts:

(a) That sufficient aggravating circumstances exist as enumerated in subsection (5), and

(*) That there are insufficient mitigating circumstances to outweigh the aggravating circumstances.

In each case in which the court imposes the death sentence, the determination of the court shall be supported by specific written findings of fact based upon the circumstances in subsections (5) and (6) and upon the records of the trial and the sentencing proceedings. If the court does not make the findings requiring the death sentence, the court shall impose sentence of life imprisonment in accordance with s. 775.082.

(4) REVIEW OF JUDGMENT AND SENTENCE. The judgment of conviction and sentence of death shall be subject to automatic review by the Supreme Court of Florida within 60 days after certification by the sentencing court of the entire record, unless the time is extended for an additional period not to exceed 30 days by the Supreme Court for good cause shown. Such review by the Supreme Court shall have priority over all other cases and shall be heard in accordance with rules promulgated by the Supreme Court.

(5) AGGRAVATING CIRCUMSTANCES. Aggravating circumstances shall be limited to the following:

(a) The capital felony was committed by a person under sentence of imprisonment or placed on community control.

(*) The defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person.

(c) The defendant knowingly created a great risk of death to many persons.

(d) The capital felony was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any robbery, sexual battery, arson, burglary, kidnapping, or aircraft piracy or the unlawful throwing, placing, or discharging of a destructive device or bomb.

(e) The capital felony was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.

(f) The capital felony was committed for pecuniary gain.

(g) The capital felony was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.

(h) The capital felony was especially heinous, atrocious, or cruel.

(i) The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification.

(j) The victim of the capital felony was a law enforcement officer engaged in the performance of his official duties.

(k) The victim of the capital felony was an elected or appointed public official engaged in the performance of his official duties if the motive for the capital felony was related, in whole or in part, to the victim's official capacity.

(6) MITIGATING CIRCUMSTANCES. Mitigating circumstances shall be the following:

(a) The defendant has no significant history of prior criminal activity.

(*) The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance.

(c) The victim was a participant in the defendant's conduct or consented to the act.

(d) The defendant was an accomplice in the capital felony committed by another person and his participation was relatively minor.

(e) The defendant acted under extreme duress or under the substantial domination of another person.

(f) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.

(g) The age of the defendant at the time of the crime.

(7) VICTIM IMPACT EVIDENCE. Once the prosecution has provided evidence of the existence of one or more aggravating circumstances as described in subsection (5), the prosecution may introduce, and subsequently argue, victim impact evidence. Such evidence shall be designed to demonstrate the victim's uniqueness as an individual human being and the resultant loss to the community's members by the victim's death. Characterizations and opinions about the crime, the defendant, and the appropriate sentence shall not be permitted as a part of victim impact evidence.

(8) APPLICABILITY. This section does not apply to a person convicted or adjudicated guilty of a capital drug trafficking felony under s. 893.135.

History: s. 237a, ch. 19554, 1939; CGL 1940 Supp. 8663(246); s. 119, ch. 70-339; s. 1, ch. 72-72; s. 9, ch. 72-724; s. 1, ch. 74-379; s. 248, ch. 77-104; s. 1, ch. 77-174; s. 1, ch. 79-353; s. 177, ch. 83-216; s. 1, ch. 87-368; s. 10, ch. 88-381; s. 3, ch. 90-112; s. 1, ch. 91-270; s. 1, ch. 92-81.

Note. Former s. 919.23.

[awareness]

I don't think so... they'd have to prove she killed Caylee with malice & intent.

I think (from the evidence so far) it was an accident, Casey was negligent. She continued to be negligent when she discovered Caylee was dead and didn't call the cops. She was further negligent while out partying and not "searching" for Caylee as she said she was. Casey is very self centered, I wouldnt be surprised if she was too busy dealing with herself to properly watch her daughter.

However that doesn't mean she held a gun to Caylees head and pulled the trigger.

JMO/IMO

[MyrDawn]

Until if and when Caylee's body is found, and if a cause and manner of death can be determined, it's impossible for me to say if I believe whether Casey would be eligible for the death penalty or not.

[J.D.]

I realize this is jumping way down the road, but I predict that the prosecutor will have the evidence and will seek the death penalty.

If he doesn't take the case to trial, but allows Casey to plead guilty even if she receives a sentence of life w/o the possiblity of parole, the public outcry would ruin his legal career.

So, I think this case will to trial, assuming arguendo that a fair and impartial jury can be be assembled, and the DA will leave it up to Casey's lawyer to convince a jury to spare her life.

[Hey Paula]

Based upon what has been revealed about Casey, via her own conduct and the documents thus far released, I believe Casey might be eligible for the death penalty.

Unless there are mitigating circumstances/factors, which haven't yet been revealed, IMO Casey will not make a sympathetic defendant.

Since Caylee has been missing for 10 weeks, the state of her remains might be so badly decomposed that a COD might be indeterminable. However even if a COD can be established, it might not be possible to prove whether her death was accidental or intentional (murder). In such a situation, the decision might be left to the jury, and Casey's own callous behavior, lies, failure to cooperate and continually mislead LE might rightfully tip the scales against her.

IMO

[TxLady2]

Not unless they can prove that she deliberately did something to cause the child's death with malice aforethought. Usually, the DP is given to someone who is guilty of premeditated murder... but some lawyers argue that premeditation does not require hours, that it can be within a few seconds. If you take a gun and point it at someone and shoot.. all in a matter of 30 seconds... you planned to kill that person, unless you aimed at their foot or arm. You had time to change your mind. If a gun accidentally goes off while you are handling it for some reason, and hits the person in the head or the heart and kills them... that is accidental. And there are varying degrees between those examples.
Casey's attorney will claim it was neglible homicide... might even go for the insanity defense. OR he will claim that Casey was not involved in the death of Caylee at all. They might not even be able to determine COD right now.
Let's wait and see what they charge her with.

[johnielee333]

i believe she is but not sure if they'll go for it.

[Katprint]

Originally posted by Hey Paula
<respectfully snipped> Unless there are mitigating circumstances/factors, which haven't yet been revealed, IMO Casey will not make a sympathetic defendant.

I disagree. Among other things, her youth and physically attractive appearance will help count in her favor, as well as her being caucasian. Not to be inflammatory, but there are extensive criminological studies on the issue of what defendants sentenced to death look like and they tend not to look young, cute and white. Also, the evidence suggests she can be quite charming when she wants to be, and there is no reason to believe she will not be able to be pleasant and charming while sitting in the defendant's chair at her trial. Jurors tend not to impose the death penalty on defendants that they find likable.

While I agree that her extensive lying will count against her in the guilt phase, during the penalty phase her attorney should be able to spin that in her favor along the lines of how she was so horrified at what happened that she sunk deeply into denial and that really, she was lying to herself and couldn't face the reality etc. Also, she has a parade of family members who will testify about whatever challenges she faced as a child, how much they love her, how much they have already lost by losing Caylee, and beg for mercy for her.

Unless some really terrible evidence is uncovered like that Caylee died as a result of torture murder or was sold into child pornography or something like that, I will be very surprised if this is treated as a death penalty case.

Katprint
Always only my own opinions

[Adalena935]

Originally posted by J.D.
I realize this is jumping way down the road, but I predict that the prosecutor will have the evidence and will seek the death penalty.

If he doesn't take the case to trial, but allows Casey to plead guilty even if she receives a sentence of life w/o the possiblity of parole, the public outcry would ruin his legal career.

So, I think this case will to trial, assuming arguendo that a fair and impartial jury can be be assembled, and the DA will leave it up to Casey's lawyer to convince a jury to spare her life. [/*]

The plea only belongs to the accused. It's in the bill of rights.

If the accused pleads guilty there is no need for a trial. But that right (to plea) does not belong to anyone but the accused.
They're considered among the most basic rights. We don't have to wait on the state to GIVE them to us. We already have them. Due process belongs to all as birthright.

http://www.law.cornell.edu/constitution/constitution.billofrights.html

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

[Adalena935]

J.D. Great thread. I sure wish you would've posted the link to the statute.

[Adalena935]

They already charged her with:
Neglect of a child 827.03 (3) C (on the affidavit). Since they now know it's homicide they can get her on murder of a child by means of aggrivated child abuse. Now that I've seen this law I do think they'll charge her with 1st degree murder & ask the death penalty.

I think there's a distinct likelihood a jury would give her death. Children are the most innocent and should be protected in this manner as Florida law states.

http://law.onecle.com/florida/crimes/782.04.html

Chapter 782 HOMICIDE

782.04 Murder.--

2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:

h. Aggravated child abuse,

[BJames]

Just a question J.D. if I might?...And I am thinking that you are Doug...?
If you were Casey's attorney right now? What would you tell her to do?
Continue to deny and admit to nothing?
Take a plea and lead them to the body?

What would your advice to Casey Anthony be right now, before anything more breaks?
I am trying to get inside of Jose Baez's head...if he 'knows' that his client is guilty, would he suggest she take the plea deal?
Thanks in advance :)

[carolm]

Without a body the DA would never seek the death penality a jury would not convict... JMO

[J.D.]

Originally posted by Adalena935
J.D. Great thread. I sure wish you would've posted the link to the statute. [/*]

http://home.c2i.net/sissel.norway/flori.html

[J.D.]

Originally posted by Adalena935


The plea only belongs to the accused. It's in the bill of rights.

If the accused pleads guilty there is no need for a trial. But that right (to plea) does not belong to anyone but the accused.
They're considered among the most basic rights. We don't have to wait on the state to GIVE them to us. We already have them. Due process belongs to all as birthright.

If my post implied other than what you have posted I apoligize for inartfully wording it. What you have posted is absolutely correct.

[nutterbutter]

Originally posted by J.D.


If my post implied other than what you have posted I apoligize for inartfully wording it. What you have posted is absolutely correct. [/*]
she will not be given death penalty and will not be eligble.moo

[J.D.]

Originally posted by BJames
Just a question J.D. if I might?...And I am thinking that you are Doug...?
If you were Casey's attorney right now? What would you tell her to do?
Continue to deny and admit to nothing?
Take a plea and lead them to the body?

What would your advice to Casey Anthony be right now, before anything more breaks?
I am trying to get inside of Jose Baez's head...if he 'knows' that his client is guilty, would he suggest she take the plea deal?
Thanks in advance :) [/*]

Whose Doug? ;)

Please keep in mind that Casey hasn't been indicted yet so talk of Casey entering a plea is premature at this point.

If I was Casey's attorney I would have told her from the get-go not talk about this case with anybody but me: not her parents, not anybody especially some BH.

I would have insisted that she tell me the entire truth about what she knows about her daughter's disappearance. If I had felt she was being less than totally honest with me I would have withdrawn as her attorney.

[Justins Mom]

[QUOTE]Originally posted by J.D.
I post. You decide. :D

Hi Dougie, been a long time. Great post as any Lawyer would do.
What do you think of this case from what you've read?

J-mom

:patriot:

[deep*fear]

Originally posted by carolm
Without a body the DA would never seek the death penality a jury would not convict... JMO [/*]

Tell that to Willie Crain
http://www.courttv.com/trials/taped/crain.html

I don't think she'll get the death penalty, */c it doesn't seem that women get the DP in the state of Florida very often. There is only one woman on Florida's death row now for the murder of 2 adults.

[J.D.]

Originally posted by Justins Mom
[QUOTE]Originally posted by J.D.
I post. You decide. :D

Hi Dougie, been a long time. Great post as any Lawyer would do.
What do you think of this case from what you've read?

J-mom

:patriot: [/*]

:seeya: Hi J-mom....as I said earlier, I wouldn't want to be Casey's lawyer.

[farrahrani]

Originally posted by Katprint

Also, the evidence suggests she can be quite charming when she wants to be, and there is no reason to believe she will not be able to be pleasant and charming while sitting in the defendant's chair at her trial. Jurors tend not to impose the death penalty on defendants that they find likable.

Katprint
Always only my own opinions [/*]
(I snipped to get to the part I wanted to address)

Part of the reason Casey is so disliked by the general public, is she has made no effort to be charming to the public since being put in the limelight.
She does not behave like the grieving suffering mom she should be, and any competent attorney would have groomed her on proper public and courtroom behavior immediately. Images of her smiling and waving in the courtroom, her hostile phone calls, her general nonchalant attitude will only alienate jurors during any trial to come.

Though I do agree with most people who have said she will most likely not get the death penalty. No matter how hated, most people being of good heart, will balk at prosecuting someone under a death sentence if there is no direct cause of death stated clearly. If somehow by forensic evidence Caylee's cause of death had been determined without a doubt, I am sure it would be much easier to try and convict her with murder. Without that, and mostly without the body, it will be difficult to do so.

I would bet on them trying her for manslaughter, and going for the full penalty, as well as all charges if she does not agree to a plea deal.

IMO

[febreze]

Originally posted by nutterbutter

she will not be given death penalty and will not be eligble.moo [/*]

good because she will get time and she will be in the general population and there are people there that love their children and miss them very much Casey will not get a warm reception and she'll have to watch her back. JUST WHAT SHE DESERVES in MO

[GentleBreeze]

Originally posted by nutterbutter

she will not be given death penalty and will not be eligible.moo [/*]

It will be according to the evidence they gather imo. I think we are a long way away from knowing what all that entails or what the results will be. I do think she could be eligible however she is a female so it is highly doubtful they will go for the death penalty.

Florida only has one woman on Death Row for murdering 2 adults.

We have seen right here that full justice may not come for the victim when it comes to a mother murdering her child. I am sure if this goes to trial Baez will drag out some abuse excuse of some kind or mental incapacity.

imoo

[ALL RISE]

the last day authorities will allow CA 'partial immunity' if she leads them to the body, etc? Better talk fast Casey...the truth...the whole truth...and nothing but the truth...so help you...Oh, I forgot, you don't know what that is..and to quote your judge, 'you and the truth are strangers.'

I'm sad to think that possibly Casey could use a mental defect plea? Is Pathalogical liar eligible as a mental defect?

I believe it would serve the great State of Fla. well to euthanize any unfit so-called parent who can't remember what they did with their child.

[redcard]

LEgally, yes.

Truthfully.. as time goes by, without a body.. and with all three of the Anthony's sticking together.. it's less and less likely that this thing gets resolved by a trial and more likely it gets resolved by a plea deal.. and one of the first things to go in a plea deal is the DP.

[Staceylee]

At least if she don't get the DP then she will most likely be in general population. From what I understand they don't fare well to baby killers so she will be treated harshly and may wish she was on death row for her own safety. In fact it would not shock me if she never made it out of prision alive. JMO

[girlspell]

Originally posted by Staceylee
At least if she don't get the DP then she will most likely be in general population. From what I understand they don't fare well to baby killers so she will be treated harshly and may wish she was on death row for her own safety. In fact it would not shock me if she never made it out of prision alive. JMO [/*]

IF she goes to that kind of prison. Without a body and no DNA written in stone (as identified as Caylee) LE is doing all it can to ensure that. They are continuing to search for Caylee, because they need her body to nail a conviction.

If they can't locate the body and no more DNA, I'm not even sure they will try to prosecute her on murder charges. Chances are better she will end up conficted on Fraud or theft.

[redcard]

Originally posted by Staceylee
At least if she don't get the DP then she will most likely be in general population. From what I understand they don't fare well to baby killers so she will be treated harshly and may wish she was on death row for her own safety. In fact it would not shock me if she never made it out of prision alive. JMO [/*]

Not true.

She would be more isolated because of the nature of her victim.

[ALL RISE]

Originally posted by redcard
LEgally, yes.

Truthfully.. as time goes by, without a body.. and with all three of the Anthony's sticking together.. it's less and less likely that this thing gets resolved by a trial and more likely it gets resolved by a plea deal.. and one of the first things to go in a plea deal is the DP. [/*]

you have to have a defendant whose talking...and not lies...like Casey. She's not talking with partial immunity and her time ran out yesterday.

That evidence from the dumpster might be the key LE is looking for.

But wouldn't that be nice if the grandparents were right and Caylee was found breathing and safe and sound. The cadaever dogs gave more info and the info from the body farm than anything Casey has given up.

[redcard]

Originally posted by ALL RISE


you have to have a defendant whose talking...and not lies...like Casey. She's not talking with partial immunity and her time ran out yesterday.

That evidence from the dumpster might be the key LE is looking for.

But wouldn't that be nice if the grandparents were right and Caylee was found breathing and safe and sound. The cadaever dogs gave more info and the info from the body farm than anything Casey has given up. [/*]

If this goes on, then it's pretty clear to me that a new offer will be made.

[WinnieLeigh7]

Originally posted by johnielee333
i believe she is but not sure if they'll go for it. [/*]

i'm opposite, i believe she is, but she'll get life...

[spicedtea]

Probably not. I don't know if the DP is even on the table at this point.

To me,IMO, all the back pedalling indicates they know the truth and are trying to get Casey off completely.

Note how they can't even stand seeing her in jail at all,putting up the promisory note.It must have been on their house or something.

I think the only honesty that's come out of them was in the first day or so. Now it's all just lies and red herrings.

[Amy S.]

I don't believe that a body will ever be found and Casey knows that.

[Joan Weiss]

Originally posted by Staceylee
At least if she don't get the DP then she will most likely be in general population. From what I understand they don't fare well to baby killers so she will be treated harshly and may wish she was on death row for her own safety. In fact it would not shock me if she never made it out of prision alive. JMO [/*]She's not in GP now. I highly doubt she would be put there if she goes to prison. imo

[Amy S.]

So, do most of you suspect that CA will serve very little time?

She could be convicted of the charges that they have against her, do her time and still be charged with murder at a later date. That may be the best that we can hope for.

I am betting that her attorneys will postpone any trial as long as they can.

[Chevalier]

I have only read the OP, not the entire thread. Here's my opinion.

We need more facts, but I believe Casey will be eligible for the DP under section 5 h and i.

Initially I believed Caylee's death was by parental neglect. Something like being left in a hot car, being left in the trunk to sleep while Casey partied, or left unattended in the pool. As time has marched on, and new information has been revealed, I've moved to intentional homicide. Has enough factual evidence been revealed yet? No, but I believe LE has such evidence.

h - The intentional murder of one's own child fits, does it not?

i - Premeditation may be proven with the chloroform evidence. I'm interested to know the dates of the chloroform searches on the computer.

I believe she'll be eligible, but that does not mean that I believe prosecutors will seek the DP. I hope that prosecutors have the evidence for it and can use that evidence to put the screws to her to get her to reveal where she put Caylee in exchange for no DP. I'm not holding my breath. I don't think Casey will ever talk.

I'm not a DP proponent. I don't get any satisfaction when a murderer gets the DP. I'm satisfied with life in prison as punishment. Here in CA, it's more expensive to carry out the DP than it is to incarcerate a murderer for life so I can't even use the cost of housing a prisoner to justify it. I think murder is wrong and I don't understand how it can be justified because the state carries it out as punishment. I don't lose sleep over the DP, but I don't get any satisfaction when it's carried out.

Strangely though, I find myself secretly wanting the DP for Casey. Why is that? I didn't even feel that way with SP and I'm geographically close to that case. I was exposed to both national and local coverage of that story. Maybe I just want a reaction from Casey. Maybe I want her to be frightened. It's almost like I want her to have to anticipate it more than I want it to actually be carried out.

[girlspell]

This will never happen to Casey

1. They don't have enough evidence for even a murder charge Right now, unless LE gets more, not even prisin for her.

2. She has a criminal background, but more of a petty thief and occasional drug user.

3. No body. It would really help in a murder charge. With Scott Perterson, we lucked out to recover the bodies.

4. Keeping her mouth shut will net her millions. Why should she talk?

Yeah, child killers deserve this kind of justice, but not enogh sadly, for Casey.

[NatalieB]

My guess is, prosecutors will seek death even if they don't care if the actual sentence is handed down. That death qualified jury is exactly what they should be shooting for, IMO.

I believe they have more than enough to charge Casey Anthony, too. I also believe they have enough already to get a conviction. While it might be a sad state for the judicial system as a whole, half if not more of the battle is making the jurors hate the accused. That alone puts round 1 on the side of the state.

When you combine everything that's known, you can only come up with 1 conclusion. And while the state may not be able to prove the manner of death (not a burden they must meet), they will be able to show a death occurred. Combine that with searches for chloroform and they more than likely can prove intent.

Combine that with Casey's behavior and lies and then ask yourself, what's a jury going to think about all that in its totality?

If the defense wants to try and show it was an accident, they can put Casey on the stand and see how it goes.

Ultimately, this jury could opt for death. Susan Smith was spared death because she came clean and admitted the truth even though she was backed into a corner and had little choice. Admitting what she'd done was enough to get a tad bit of sympathy from jurors. I can't see jurors in this case feeling any differently.

[Seraphina]

I do not see any jury being sympathtic to her in any way.

I would love to see her in GP but I don't think this will happen. I am hoping that they find Caylee's body so this sweet little angel could be put to rest.