Always be a first-rate version of yourself, instead of a second-rate version of somebody else.
-- Judy Garland

Tuesday, July 5, 2011

Guilty or Not Guilty...

Today the verdict for the Casey Anthony trial was given... not guilty of first- degree murder, aggravated child- abuse, and aggravated manslaughter of a child. But guilty of four counts of providing false information to law enforcement which could result in a maximum of 4 years in prison, 3 of which she has already served. I know my opinion does not matter at all in this case and I was not on the jury but I can't help but feel this trial is going to be compared to the O.J. Simpson trial. This case was extremely publicized by the media who I admit may have influenced my thoughts on Casey Anthony but I won't ever know the extent to which the media may have influenced many to believe Casey Anthony is a murderer. I understand that even though common sense made me believe that she killed her little girl, there was very little factual, concrete evidence against her. I keep hearing the word circumstantial, used to describe the evidence that was used. I can maybe understand the not guilty verdict on the first degree murder charge but wrapping my head around the aggravated child abuse not guilty verdict is what is puzzling me. Not reporting your 2 year old daughter missing for 31 days, to me, qualifies as child abuse. Even though she was not alive during those 31 days, if Casey Anthony is not guilty as the jury has decided on, she was not aware of her child's death and therefore extremely neglected the well-being of her child!? I don't even know what to say, I feel she deserves more than just lying to an officer. Why would she need to lie to an officer is she did nothing wrong? Why was she out partying days after Caylee went missing? Why did she not tell someone her daughter was missing if she did not harm her? And most of all why did this little girl die at the young age of 2?
With all of the verdicts put aside, I think Casey Anthony just got away with murdering her daughter and is as guilty as the man who her trial will be compared to. This also leads me to question the United States Judicial system. I'm no expert with the government but I try to stay informed, how the court system works baffles me. I also would have no problem if someone tried to explain things to me but I really don't know who to ask and if someone did tell me I am not entirely sure I would believe them anyway, but if anyone wants to inform me, let me know! Why are some cases determined by a jury and others determined by the judge? And who thought it was a good idea to have a jury of our peers when it takes only 1 person to have a hung jury and a lot of people aren't knowledgeable with scientific information who could royally screw up a case? I actually recently heard that it takes 2 people to have a hung jury because normally 1 person doesn't have the guts to stand up to the rest of the jury, but when there is 2 the person has someone to back them up.
Just looked up what aggravated child abuse is defined as in Florida:
(a)  Intentional infliction of physical or mental injury upon a child;
(b)  An intentional act that could reasonably be expected to result in physical or mental injury to a child; or
(c)  Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child. 
A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2)  "Aggravated child abuse" occurs when a person:
(a)  Commits aggravated battery on a child;
(b)  Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
(c)  Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.


So from reading that description, since they found her not guilty of murder I would only assume they couldn't find her guilty of child abuse? I also looked up the definition of child neglect in Florida:
1.  A caregiver's failure or omission to provide a child with the care, supervision, and services necessary to maintain the child's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
2.  A caregiver's failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person. 
(a) Neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.
(b)  A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c)  A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third 
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


So could she be charged with neglect? It's a different charge then abuse correct? If anyone has any comments regarding this situation or could provide some insight into the judicial system and why things happen the way they do I would greatly appreciate it so leave me a comment!!



-It's really important to remember that a little girl was taken way to soon from this earth and that the Anthony family... guilty or not... will forever be changed.


Alex



1 comment:

  1. In a sick twisted way, this shows that the judicial system, as it is set up, works. If you cannot prove guilt beyond a reasonable doubt, then you have to say not guilty. Not guilty does not mean innocent. I know if I was charged with a crime that I didn't commit- I'd hope the jury would just listen to the evidence presented and not to media bias. Not saying this is the case for Casey Anthony- because I think she is guilty as sin- but for people accused of crimes in general- you have to prove your case. The state prosecutors failed to do so beyond a reasonable doubt. I do agree with you about the child abuse/neglect charges- how they found her not guilty of that is beyond me.

    I don't like the comparison's to OJ because in his case there was actually hard, concrete DNA evidence that put him at the scene of the crime. It was just that at that time, DNA evidence was a new thing and people didn't understand it. Maybe the defense even tried to get "dumb" people on the jury so that the scientific knowledge would be over them. But in that case, I believe that the state DID prove their case. There were probably some racial issues involved as well- considering the location and the time.

    I don't think she can be charged with child neglect now either. I was listening to Nancy Grace and before my ears started to bleed, she said Casey Anthony can not be charged with anything relating to this case again- doubly jeopardy. I thought that only applied to charging people with the exact same thing over and over but apparently not.

    Regarding jury questions- both the defense and prosecution can strike certain jurors from consideration- each side gets so many vetoes or something and so I think thats how they try to make it fair for everyone. In the constitution is says everyone has a right to be tried by a jury of their peers- it is only up to the accused to waive that right- I think thats why some trials are decided by a judge- because the person has waived their right to a jury trial.

    The sickest thing is that people seem to have forgotten that a 2.5 year old girl was killed way before her time and THAT, is the saddest part of the whole story.

    Ok, thats all- good blog post. Hopefully your next post will be a little lighter :)

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