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  1. #1
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    Prosecution giving choice of Murder or Manslaughter!

    http://www.cnn.com/2008/CRIME/10/16/....ap/index.html
    "Rose said the state has done "a very smart thing" in charging Anthony with murder and manslaughter, because it gives the jury a choice.

    "You give the jury a place to run," Rose said."


    Okay, I did not know this. Prosecution is going to give the choice of convicting her on murder or manslaughter? So does this mean no DP option?
    I think this is terrible personally.
    Only my opinion, no one else need agree.

  2. #2
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    I think it's smart just b/c if they don't prove murder 100%, they give the jury the option to still convict. If manslaughter was not offered and they didn't prove the murder case to the jury, she walks b/c they couldn't try her again on a lesser charge.

  3. #3
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    I just assumed with these charges, she was going to be in jail for life WHEN convicted. But manslaughter? She can strut herself out of jail with very little time. I thought they had a premeditated case?
    Only my opinion, no one else need agree.

  4. #4
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    I hope they do, but I think it is common to include lesser charges. Anybody know if it's common?

  5. #5
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    Even if she had only been charged with murder the jury could reduced the charge down to manslaughter.

  6. #6
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    I guess if they had the body, it would help. Someone needs to find the body.

  7. #7
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    If convicted of manslaughter would that mean she would be in the general prison population? IMO that would be a death sentence anyway...

  8. #8
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    It is common to have lesser included offenses. It would be unwise not to, given this is a case with no body and not the typical case. The state can't be blinded by wanting the top charge so badly that they set up a situation where she could "get off." That said, people put too much emphasis on how there is "only" circumstantial evidence in the case. There's a lot, it's good evidence, and people get convicted for murder based on circumstantial evidence all the time.

  9. #9
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    Quote Originally Posted by PattyCake View Post
    http://www.cnn.com/2008/CRIME/10/16/....ap/index.html
    "Rose said the state has done "a very smart thing" in charging Anthony with murder and manslaughter, because it gives the jury a choice.

    "You give the jury a place to run," Rose said."


    Okay, I did not know this. Prosecution is going to give the choice of convicting her on murder or manslaughter? So does this mean no DP option?
    I think this is terrible personally.
    PattyCake,

    Don't fret:smoochiesmilie:

    However this plays out, justice for Caylee will happen. It does not remove the DP option to answer your question. It just gives a jury which might not be convinced of the murder evidence (not saying that would happen)
    a place to hang their hat other than "Acquittal."
    Hope that answers your concerns.

  10. #10
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    Quote Originally Posted by MiraclesHappen View Post
    PattyCake,

    Don't fret:smoochiesmilie:

    However this plays out, justice for Caylee will happen. It does not remove the DP option to answer your question. It just gives a jury which might not be convinced of the murder evidence (not saying that would happen)
    a place to hang their hat other than "Acquittal."
    Hope that answers your concerns.
    Thank you, that say's it clear. None of us want manslaughter.


  11. #11
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    Yeah Patty don't worry - they always do this. That way if there is one hold-out juror who doesn't believe it was premeditated murder, the entire jury can decide manslaughter (30 years probably in this case) is better than her walking.

    And in FL if you charge murder 1, even if the jury doesn't believe it was premeditated, they can convict under felony murder - which also carries the death penalty. There, they would have to find that she was guilty of the aggrevated child abuse, which led to caylees death, and that would = felony murder. This is a smart prosecution team

  12. #12
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    Quote Originally Posted by LeLe1953 View Post


    Thank you, that say's it clear. None of us want manslaughter.



    It's really a strategic move...a judgment call as to whether or not, in any particular case, the prosecution seeks to include lesser crimes as options. Sometimes they try to swing a case with an "all or nothing approach." Sometimes, they approach with more guarded stategy to get some sort of pronouncement that this defendant is in some way responsible for this death and should be punished accordingly.
    It turns into a chess game.
    Defense can request the jury be instructed on lesser included offenses even when those are not officially charged. But then again, so can the other side.

    There will be arguments about the jury instructions from both sides anyway...they will be submitted to the Court as "Requests for Jury Instructions." That is standard stuff..Baez can get it out of a form book.
    BUT, he still has to know which ones to pick so as to further his own client's cause. So yes, it an area "ripe for screw up."

  13. #13
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    Hmm... Im not sure what to think of this, Im not real literate on formal charges and all the info that goes with them. Can someone tell me, in laymen terms what this means and give some examples or scenarios of what could play out with it going in this direction? TIA.
    Please pray for Caylee
    ___________________________________________

  14. #14
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    I really think the pros. is just covering their bases. This way they are practically assured a guilty verdict. I'm convinced they'll get 1st degree though.
    "The greatest crimes do not arise from a want of feeling for others but from
    over-sensibility for ourselves and an over-indulgence to our own desires."
    ~~ Edmund Burke


  15. #15
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    Quote Originally Posted by lawlady84 View Post
    Yeah Patty don't worry - they always do this. That way if there is one hold-out juror who doesn't believe it was premeditated murder, the entire jury can decide manslaughter (30 years probably in this case) is better than her walking.

    And in FL if you charge murder 1, even if the jury doesn't believe it was premeditated, they can convict under felony murder - which also carries the death penalty. There, they would have to find that she was guilty of the aggrevated child abuse, which led to caylees death, and that would = felony murder. This is a smart prosecution team
    Thank you very much for that clarification. It's really nice to have your intelligence here. I don't know a whole lot about law, so your posts are very helpful.

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