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Not Guilty!
Townhall.com ^ | July 10, 2011 | Ken Connor

Posted on 07/10/2011 8:46:37 AM PDT by Kaslin

Casey Anthony's acquittal of the killing of her precious child, Caylee, has shocked the nation. Many who watched the trial on TV – and who were not constrained from taking into account inadmissible evidence, the punditry of various talking heads, or the overwhelming public sentiment against Ms. Anthony – have been critical of the jury's verdict. Among those most vehement in their condemnation of the jury are TV notables Bill O'Reilly and Nancy Grace. Their indignation is shared by those who feel the verdict represented a gross miscarriage of justice.

Cases like this call the value of trial by jury into question for some. But critics should take some important points into consideration: In American jurisprudence, an accused wrongdoer is presumed innocent. The burden is on the prosecution to prove guilt beyond and to the exclusion of every reasonable doubt. The jury is not permitted to consider evidence that doesn't reach a certain threshold of reliability and they aren't permitted to take into account matters outside the evidence. They aren't entitled to discuss the case among themselves, or even form an opinion about the case, until all the evidence is in. They can't discuss the case with anyone other than their fellow jurors, and if any reasonable doubt exists about the crime(s) charged, they cannot convict. It is not enough for the jury to "know" that the accused is guilty as charged. The charges must be proved beyond a reasonable doubt. Most freedom loving people agree that these are important safeguards which must be met before one accused of a crime can be deprived of their life or liberty.

Trial by jury is not a recent phenomenon. It dates back over a thousand years, and its use has been documented in a variety of civilizations. The right to trial by jury has been particularly prominent in the American system of law and justice. When the Founders enumerated their grievances in the Declaration of Independence, King George's denial to the colonists of the right to trial by jury was in the forefront of their complaints. George Mason famously refused to sign the Constitution unless the right to trial by jury was made explicit. Thomas Jefferson made clear the value he placed on juries when he said, "I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its Constitution." Its importance is highlighted by the fact that the right to trial by jury is expressly referenced in not one, but three of the amendments that comprise the Bill of Rights.

As Americans, we tend to take the right to trial by jury for granted; but it should not difficult to imagine the horror of living in a society in which the State possesses absolute power. Millions of people around the world live in societies that don't allow for trial by jury. When they are accused of wrongdoing, they aren't afforded an opportunity to defend themselves. No jury of their peers decides their guilt or innocence. Their lives and freedom are subject to the whims of those who hold power. Their tribunals – if they exist at all – are mere kangaroo courts which serve only as an eye wash. "Verdict first, trial later" is their modus operandi. Even here in America there was a time when perverted justice prevailed, when the word of a single white man could spell death for a politically and legally powerless African American.

This is why the right to trial by jury is essential.

Our Founding Fathers recognized that the collective judgment of ordinary people, while not perfect, is the most reliable, most just method of resolving conflicts in America's courtrooms. Does the jury system and its protections mean that sometimes the guilty will go free? The answer is yes. Alan Dershowitz addressed this in a recent article discussing the Casey Anthony verdict:

"For thousands of years, Western society has insisted that it is better for 10 guilty defendants to go free than for one innocent defendant to be wrongly convicted. This daunting standard finds its roots in the biblical story of Abraham's argument with God about the sinners of Sodom. Abraham admonishes God for planning to sweep away the innocent along with the guilty and asks Him whether it would be right to condemn the sinners of Sodom if there were 10 or more righteous people among them. God agrees and reassures Abraham that he would spare the city if there were 10 righteous. From this compelling account, the legal standard has emerged."

A justice system that allows for the possibility of the guilty going free is undoubtedly unpalatable for those who wish to see Caylee Anthony's death avenged, but it is a standard that recognizes and upholds the notion that life and liberty should not be deprived without due process of law. It's not a perfect system, but none better has yet been devised by man.


TOPICS: Culture/Society; Editorial
KEYWORDS: anthony; caylee; verdict
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To: discostu

I agree with you that the prosecutor overreached- when he put the death penalty on the table that is all anyone could talk about, that is why the case became such a media circus. He didn’t have the evidence to put the death penalty out there. There were other charges they could/should have convicted her of, but I imagine all they could think about was the death penalty. The prosecutor pointed out the other day that jurors are NOT supposed to consider the penalty at all during the conviction portion but that is unrealistic- of course being human they did think about it.

I do think there was reasonable doubt on the murder charges, but she was definately guilty of child abuse in my mind. If however a juror thinks it was possibly an accident you wouldn’t be able to convict her of that either. That is the whole reason the defense gave the drowning story- to give reasonable doubt about child abuse charge- I didn’t buy it but maybe the jury did.

I can pick it apart and see how the jury acquitted her of all the serious charges...but I guess I would feel better about it if they had actually taken the time to go over things and really deliberate. With such a quick verdict it seems they were just in a hurry to go home.


141 posted on 07/10/2011 4:59:27 PM PDT by Tammy8 (~Secure the border and deport all illegals- do it now! ~ Support our Troops!~)
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To: Tammy8

They always say that when the death penalty is on the table the proof bar gets raised. Yeah they probably are told not to consider it, but how could you not. It’s one thing to say “yeah I think it’s been proved that person is guilty” and another to say “guilty enough to die”. I’m very pro-death penalty but there’d have to be a whole lot more thinking for me to make the second jump.

Remember the defense’s story doesn’t have to make sense, it just has to show that the prosecution’s story isn’t the only possible explanation. The defense’s job is to raise reasonable doubt, if the jury comes out of the trial with no idea what happened they win.

I think the quick deliberation is a sign of how far the prosecution overreached. And that really bad closing argument. It shows just how much doubt the jury had. Long deliberations result from them being on the fence, if seems clear in either direction things go quick. And this wasn’t a short trial, they’ve had a lot of time to deliberate.


142 posted on 07/10/2011 5:11:35 PM PDT by discostu (Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn)
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To: Tammy8

There was a report out that the meter reader had moved the body, because he wanted a reward


143 posted on 07/10/2011 5:15:45 PM PDT by Kaslin (Acronym for OBAMA: One Big Ass Mistake America)
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To: discostu

I am a strong supporter of the death penalty too, and I would have to really not have reasonable doubt to convict someone of charges if it was on the table. The theory is reasonable doubt should be the same for minor punishment as for death- but that is against human nature. If I mess up and somebody serves 6 months- not the same as messing up and being responsible for someone getting the death penalty that doesn’t deserve it. Supposedly the first jury vote was 6-6 not sure on what charge- that is why there should have been some real deliberation. I don’t think the jury is supposed to discuss the trial during the trial- but they may have. There was a story on Friday that claimed they may have discussed the case with each other during the trial which is against the law/rules...not sure what happens to the jurors if that is true.


144 posted on 07/10/2011 5:29:02 PM PDT by Tammy8 (~Secure the border and deport all illegals- do it now! ~ Support our Troops!~)
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To: discostu

First of all, before I go on I want to make it clear, this is an academic discussion for me, and I take it you're in the same frame of mind.   If not, that's okay.

I appreciate the response, but we're going to continue to disagree here.

But none of that proves beyond a reasonable doubt that she killed the kid. It proves quite well that she’s no good and did something wrong, but what’s something.

Murder cases are not always pinned down to the point that every question is answered.  In this case we know that the child died at her own residence.  We know that grandma and grandpa had no idea where the kid was.  Grandma finally calls in the police after Casey fails to produce the child or explain where she is.  At that point, Casey says she doesn't have anything to talk to the police about.  No, she doesn't, and the natural presumption is that she already knows where the kid is and what happened to her.

What other conclusion could there be that explains this type of response on Casey's part?  She won't tell mom or dad where Caylee is.  She's not interested in looking for her.  She's partying around at night.  She's not interested in calling in the police.  She evidences no concern for the child at all.  She won't talk to the police once mom does call them.

She did the kid in, and truly not only doesn't need the police, she wants nothing to do with them.  Why?  She knows that she will be implicated within minutes of conversing with the police.  Once again, why?  Because the preponderance of evidence even then early on makes her suspect number one.
<>1. Why didn't you call 911?
2. Why didn't you call the paramedics or the police?
3. Why didn't you contact a mortuary?
4. Why didn't you talk to your parents about it?
5. Why didn't you seek to find Caylee?
6. Why didn't you seek help to find Caylee?
7. Why would you go out and party down while your little girl was missing?
8. Why would you get a celebratory tattoo when your child had been missing for weeks, "the Good Life"?

There have been murder cases made when there wasn't a body.  The answers of what and when are not always pinned down. 

At one point, you have to come to the conclusion that Casey is the one that was acting so absurdly, that there isn't any other explanation for that behavior, except guilt for the child's death.

You state that this proves to you that she was no good and did something wrong.  Then you ask, but what was that something?  Someone was responsible for Caylee's death.  Only one person shows the classic signs of being guilty beyond a shadow of a doubt.  Only one person knew what happened to Caylee.  Only one person failed to show any concern for the child.

What was that something?  You tell me.  What could cause Casey to act this way?  Who else could have killed the child.  The parents called the police.  Casey was the only one left.

When being a jury member for a murder 1 trial you’re called upon to decide whether or not there’s evidence beyond a reasonable doubt that the accused deliberately and premeditately killed the deceased. When the prosecutor then stands up and says “we don’t know how she died, we don’t know when she died, but we do know somebody in the house killed her” (and pay extra not to the word “somebody” he didn’t say Casey) that’s a far cry from saying Casey deliberately and with pre-meditation killed the kid.

The prosecuting attorney already made the case that only one person benefitted from Caylee's death.  He already made the case that only one person in the house didn't want to talk to the police about it.  Only one person in the family went out and got a tattoo that said, "the Good Life", even though their loved one was missing.  Only one person looked up the chloroform and neck breaking data on the internet.  Mom's lying aside, this would only fit Casey to a tee.  It took place just prior to the murder.  As a juror I would dismiss mom's testimony completely.  This points to premeditation.  The fact that Casey celebrated her freedom by obtaining a tattoo that heralded it, closes that circle.  It's the motive.

Really the problem here is the prosecutor overreached. If you can’t manage to pin down a cause of death you’ll never get a 1st degree murder conviction. Had the prosecutor gone for negligent homicide he would have gotten a conviction. That’s the gap between being able to clearly show somebody did “something” wrong and being able to show that they deliberately killed someone. All of what you point out is evidence of the first, none of it is evidence of the second.  Did the jury convict for a lessor charge here?  No.  There were three or four serious murder/manslaughter charges the jury could have picked if they didn't want to pull the trigger on murder one.  This jury dismissed the evidence.  They ignored what was presented to them, to come up with one of the most lame-brained jury determinations I've ever heard.
<>1. You've got a dead child with duct tape over their mouth
2. You have a mom who was looking up ways to kill someone
3. Within days the child is dead
4. Casey didn't call 911, paramedics or the police
5. Casey sought to pass off the disappearnce on a baby sitter, the ex, her father, and finally as an accident
6. The accident story means that Casey was the adult on scene.  Nobody else was there.
7. Casey couldn't tell her folks where Calee was
8. Casey wouldn't call the police even weeks later
9. Casey wouldn't talk to the police when mom got them on the phone.
10. Casey never did show an interest in finding Calee
11. Casey even showed a type of celebratory demeanor while the child was still missing

This causes you to merely think Casey did something wrong, but you don't know what it was.  Okay, if you says so.

When a child dies from an accident, there is a set of things that people do.  Not one thing that Casey did fit into that set of things.  Why, if she didn't end that kid's life?

That’s NOT how people are being cast. That’s my point. Nobody is calling them that, nobody is implying it, you’re the only one saying it. If the media were doing that they’d be calling THEMSELVES simpletons since they’re the ones that have spent the last few years telling everybody Casey is guilty, it’s a slamdunk case, and her lawyer is an idiot.

That is how people are being cast.  Look at the first few sentences of this article.  There you will find people who think Casey is guilty being described in terms that wouldn't lend itself to any other interpretation.  Read this:

Many who watched the trial on TV – and who were not constrained from taking into account inadmissible evidence, the punditry of various talking heads, or the overwhelming public sentiment against Ms. Anthony – have been critical of the jury's verdict.

This wording of this presentation infers a general unified perception.

Many who watched the trial on TV and...

1. ...who were not constrained from taking into account inadmissble evidence
2. ...who were not constrained from taking into account the punditry of various talking heads
3. ...who were not constrained from taking into account the overwhelming public sentiment against Ms. Anthony

...have been critical of the jury's verdict.

Excuse me, but I don't see any other category presented that addresses people who only saw the evidence submitted in court and didn't submit themselves to the things listed in 1 through 3 above.

I don't see any place where it is admitted that there was evidence presented in court that could cause reasonable people to come to a different conclusion.

For that reason, it's perfectly clear that this presentation makes the case that anyone not agreeing with the verdict, is using flawed (simpleton's) logic.

There is an effort here to trash dismiss people who do not agree with the verdict.

If you wish to deny that until the end of time, it won't change the reality I have pointed out.



145 posted on 07/10/2011 5:32:10 PM PDT by DoughtyOne (F me, you, everybody, the new Dem/Pubie compromise. No debt reduction, + wild spending forever...)
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To: Kaslin

I heard that, not sure I believe it...why wouldn’t he just make such a fuss the police would have to find it? If true maybe he put duct tape on her head to keep it all together... Who knows? So many wierd stories.


146 posted on 07/10/2011 5:33:36 PM PDT by Tammy8 (~Secure the border and deport all illegals- do it now! ~ Support our Troops!~)
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To: Daffynition

That’s great. The addition of Nancy Grace in the photo was the icing on the cake. What a hoot.

Thanks.

Marry Poppins indeed...


147 posted on 07/10/2011 5:35:28 PM PDT by DoughtyOne (F me, you, everybody, the new Dem/Pubie compromise. No debt reduction, + wild spending forever...)
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To: Spok

Thank you, I missed that part (it was a holiday weekend and we were doing other things, so I didn’t see all of it). But yes, they seemed confused about the burden of proof. I understand that the defense tries to confuse them, but sheesh, their job is to not become confused, and I simply don’t think it’s that difficult to understand that you don’t have to have a video tape of a crime or an eye witness or the folks from CSI Miami there to explain to you exactly what happened step by step to convict someone. Or maybe you do now. And I still think that if a defense attny has nothing other than his own imagination as proof he should be punished for bringing up his theories in court as if they are facts. Shoot, he apparently could have blamed to judge for the child’s death if he’d wanted to and gotten away with it.


148 posted on 07/10/2011 5:41:53 PM PDT by brytlea (Someone the other day said I'm not a nice person. How did they know?)
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To: kcvl

Are the jurors supposed to weigh the possible punishment when deciding guilt?


149 posted on 07/10/2011 5:44:11 PM PDT by brytlea (Someone the other day said I'm not a nice person. How did they know?)
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To: Gondring
What if she already knew the girl was dead? Why would that be negligence?

Where to begin...

Because a young and otherwise healthy individual isn't dead until pronounced as such by a medical expert.

Because negligence occurs when the caregivers fails to adequately provide for or supervise their children, or fails to seek medical care when their child is ill or injured.

150 posted on 07/10/2011 5:44:27 PM PDT by NautiNurse
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To: Tammy8

I firmly believe Casey is seriously mentally ill. She was ruled sane enough to stand trial, but she is far from sane and there are a lot of people in prison with mental issues- so she is responsible for her actions.
<>Some folks will blame Casey's condition on her parents.  I place the blame squarely on her.  There's this mindset that there always has to be an underlying reason.  Well, there doesn't IMO.

Adults choose the path they take.  Casey chose her path.  She wanted her freedom and she devised a way to get it.

I do believe we see a very troubled woman there, but it's my take she was a spoiled self-centered jerk.  We see the evil in her actions.  We can't understand it, but then it's generally the case that we cannot understand the thinking of the killer.  Has there ever been a killer we agreed with?  Not very often...

So yes, she is cracked.  Like you I still think she was able to stand trial.

I cannot imagine how the jury could have acquitted her of all charges...even negligent child abuse? That jury is as nutty as she is. I can understand the jurors that voted to acquit her to begin with more than I can those that voted guilty and let the others talk them out of it. Those that felt there was reasonable doubt at least were honest in their vote. The others were just too lazy and in too big of a hurry to get home to do their job of making the others at least go through the motions of deliberation. If I had been on the jury we would still be there or I would have hung that jury before going home.

IMO, a not-gulity verdict wasn't a very informed or honest verdict.  In truth it appears some of the jurors didn't answer truthfully when they said they would entertain a guilty verduct if the evidence led in that direction.  (not to be argumentative)

You are quite right in addressing the duty of the jurors who voted guilty, to explain themselves and win the others over.  I believe there were grounds for that, and IT WAS their duty.

Ten hours?  Justice comes very cheap for some jurors.


151 posted on 07/10/2011 5:48:28 PM PDT by DoughtyOne (F me, you, everybody, the new Dem/Pubie compromise. No debt reduction, + wild spending forever...)
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To: starlifter

First degree murder was not the only choice. I don’t think it’s what I would have convicted her on. I am not sure why anyone focuses on it.


152 posted on 07/10/2011 5:50:16 PM PDT by brytlea (Someone the other day said I'm not a nice person. How did they know?)
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To: brytlea

No...


153 posted on 07/10/2011 5:54:04 PM PDT by kcvl
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To: DoughtyOne
Ten hours? Justice comes very cheap for some jurors.

You've named that tune in one note. Over 90 witnesses and 300 pieces of evidence and they never questioned about a single one...not one! That in and of itself is very telling of their lack of deliberation. And I don't believe for a second they understood the process nor their responsibility of determining a fair verdict. It was much easier simply to do exactly as Casey and Cindy do...push and pull until someone gives....that's how I see they arrived at their conclusions.

154 posted on 07/10/2011 5:58:16 PM PDT by caww
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To: discostu

Murder one was not the only possible charge.


155 posted on 07/10/2011 6:06:31 PM PDT by brytlea (Someone the other day said I'm not a nice person. How did they know?)
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To: Gondring

Thank you. You can find anything on the internet if you know how to look. :)


156 posted on 07/10/2011 6:08:16 PM PDT by brytlea (Someone the other day said I'm not a nice person. How did they know?)
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To: discostu

After all of the stuff I’ve read about this trial I think I’m just too dumb to be on a jury, because to be honest, if a defense attny ever raised goofy things that seemed to not make sense I would just see them as a defense attny who was grasping at straws and if anything it would make me think he had no other options. I guess it’s why I never get chosen for juries. Is the average juror really that dumb?


157 posted on 07/10/2011 6:12:48 PM PDT by brytlea (Someone the other day said I'm not a nice person. How did they know?)
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To: Gondring

They jury did not even find of her of any sort of negligence. That is what I don’t understand, it does not make any sense. They acquitted her on everything but lying to the police! That is crazy!


158 posted on 07/10/2011 6:13:31 PM PDT by panthermom (Pray for my son in Aghanistan and all the troops!)
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To: Elendur
“....a corrupted jury system, serves no one,
but lawyers.”..... That's exactly right. There are “peers” who can and understand critical thinking, and there are “peers” who haven't a clue what that is or means. This Jury IMO did not deliberate the case...nor the evidence of....and lacked the ability to do so. When the Jurors themselves have shady backgrounds...and yet appointed, then there can be no rightful justice. There needs to be standards for those who are appointed. One of which if they have a criminal history they should not be determining the outcome of a trial.
159 posted on 07/10/2011 6:14:41 PM PDT by caww
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To: nascarnation

160 posted on 07/10/2011 6:15:03 PM PDT by Daffynition ("Don't just live your life, but witness it also.")
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