Legal Experts Chime In: Self-Defense?

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BuffaloPI

BuffaloPI

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The more we see of GA and CA in the media, the more I fell there is a strong possibility this pair is severely mentally unbalanced.

My question is: Is there legal precedence for concealing the death of a child in the interest of self-defense?

As in, could KC plausibly present a defense strategy that the reason she never came forward about her daughter's death was for fear of her life, specifically fear that her possibly mentally unstable parents would harm her?

I guess this could be my attempt to balance the Anthony's erratic behavior with Baez's constant insistence that KC had a "very compelling" reason for not coming forward about her daughter's demise.

Thanks in advance if anyone knows of a precedent for this!
 
BuffaloPI said:
The more we see of GA and CA in the media, the more I fell there is a strong possibility this pair is severely mentally unbalanced.

My question is: Is there legal precedence for concealing the death of a child in the interest of self-defense?

As in, could KC plausibly present a defense strategy that the reason she never came forward about her daughter's death was for fear of her life, specifically fear that her possibly mentally unstable parents would harm her?

I guess this could be my attempt to balance the Anthony's erratic behavior with Baez's constant insistence that KC had a "very compelling" reason for not coming forward about her daughter's demise.

Thanks in advance if anyone knows of a precedent for this!
Click to expand...

she did hint already that she was afraid of her mom and what she would do to her with Caylee being missing...so wouldn't surprise me at this point....they are grasping at straws and seeing what ever they can that may confuse the truth that it wasn't someone else but the childs own mother....Most mothers would give their lives for their kids....but.....
 
BuffaloPI said:
The more we see of GA and CA in the media, the more I fell there is a strong possibility this pair is severely mentally unbalanced.

My question is: Is there legal precedence for concealing the death of a child in the interest of self-defense?

As in, could KC plausibly present a defense strategy that the reason she never came forward about her daughter's death was for fear of her life, specifically fear that her possibly mentally unstable parents would harm her?

I guess this could be my attempt to balance the Anthony's erratic behavior with Baez's constant insistence that KC had a "very compelling" reason for not coming forward about her daughter's demise.

Thanks in advance if anyone knows of a precedent for this!
Click to expand...

I've never read a case using that premise as an excuse for covering up an accidental death. Not suggesting one doesn't exist, just saying I've never read one. I've got to hand it to you, though -- that theory is a LOT better than anything I've seen out of KC's defense team.

Unfortunately, it will only explain the cover up, not the murder and imo an accidental death theory is a non-starter for many reasons including KC won't agree to it and the evidence doesn't support it.
 
zoey said:
she did hint already that she was afraid of her mom and what she would do to her with Caylee being missing...so wouldn't surprise me at this point....they are grasping at straws and seeing what ever they can that may confuse the truth that it wasn't someone else but the childs own mother....Most mothers would give their lives for their kids....but.....
Click to expand...

Not to mention KC was of legal age and could have been self-supporting. KC didn't have to give her parents access to harm, proven by the 31 days she avoided them like the plague they are, imo.
 
I may be wrong, but self-defense is usually defined as something that is immediate and in the moment, not something that might or could happen. If is in a future tense situation (like stalkers or domestic abuse) there is a paper trail you need to create to establish it, I'd think.

Since KC left home immediately, and gave elaborate reasons why she was out of town with the baby, it would appear she was in no real or imagined danger. She was also an adult that could have reported to the authorities (after she reported to them about Caylee) that she feared for her life, if that was indeed the case.

Frankly, as krazee as all of their actions are, I think ultimately CA and GA had more to fear from KC than the other way around. They were also definitely cramping her style.
 
If such a legal precedence does exist, her lawyer might try it but her behavior has never indicated she feared her parents other than making her day difficult for a few hours so it wouldn’t fly. His attempt would likely anger a jury considering the duct tape find.

Also, in order to establish this as a possibility, the issue would have been addressed when first let out on bail and staying at her parents, with concerns raised in court over her safety. This would help with the much needed paper trail cecybeans refers to.

The opposite appears to be true with everyone doing the tip toe dance around KC when she was out on bail.
 
Legally self-defense can't be used like this. Its interesting as a theoretical justification, but the way crimes are proven is almost step by step - the prosecution has to prove each element of the crime, it doesn't have to paint some overarching picture of why it happened or what influenced it.

Self-defense is an affirmative defense to a specific crime. The defendant admits the acts in question, but then says they should be excused because she acted to preserve her own life. It's concerned with the exact act of murder, not any overriding circumstances.

In other crimes, if you're accused of obstructing justice or destroying evidence, you usually can't claim fear to report the crime. In some states at least those crimes are strict liability - either you destroyed evidence or you didn't, it doesn't matter what your mental state was (as long as you had knowledge it was evidence).
 
lawlady84 said:
Legally self-defense can't be used like this. Its interesting as a theoretical justification, but the way crimes are proven is almost step by step - the prosecution has to prove each element of the crime, it doesn't have to paint some overarching picture of why it happened or what influenced it.

Self-defense is an affirmative defense to a specific crime. The defendant admits the acts in question, but then says they should be excused because she acted to preserve her own life. It's concerned with the exact act of murder, not any overriding circumstances.

In other crimes, if you're accused of obstructing justice or destroying evidence, you usually can't claim fear to report the crime. In some states at least those crimes are strict liability - either you destroyed evidence or you didn't, it doesn't matter what your mental state was (as long as you had knowledge it was evidence).
Click to expand...

Right. I think a better way to word the OP's question would be, "Could KC maybe use fear of her parents as an explanation for her behavior after the supposed kidnapping?"

And I would say no, because fear of her parents can't explain the partying, tattooing, IM'ing Iassen (IIRC) that she was happier than she had been in a long time, etc. It can only explain the lying to her parents part.
 
blots said:
If such a legal precedence does exist, her lawyer might try it but her behavior has never indicated she feared her parents other than making her day difficult for a few hours so it wouldn’t fly. His attempt would likely anger a jury considering the duct tape find.

Also, in order to establish this as a possibility, the issue would have been addressed when first let out on bail and staying at her parents, with concerns raised in court over her safety. This would help with the much needed paper trail cecybeans refers to.

The opposite appears to be true with everyone doing the tip toe dance around KC when she was out on bail.
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Plus the fact that CA was discussing throwing KC out of the house, just before Caylee vanished. That was part of what the big fight was about.

Wouldn't fly.
 
AZlawyer said:
Right. I think a better way to word the OP's question would be, "Could KC maybe use fear of her parents as an explanation for her behavior after the supposed kidnapping?"

And I would say no, because fear of her parents can't explain the partying, tattooing, IM'ing Iassen (IIRC) that she was happier than she had been in a long time, etc. It can only explain the lying to her parents part.
Click to expand...

BBM

Oh my, I had actually forgotten about her IM'ing with Iassen... thank you for the reminder!! So much to remember.....
 
BuffaloPI said:
The more we see of GA and CA in the media, the more I fell there is a strong possibility this pair is severely mentally unbalanced.

My question is: Is there legal precedence for concealing the death of a child in the interest of self-defense?

As in, could KC plausibly present a defense strategy that the reason she never came forward about her daughter's death was for fear of her life, specifically fear that her possibly mentally unstable parents would harm her?

I guess this could be my attempt to balance the Anthony's erratic behavior with Baez's constant insistence that KC had a "very compelling" reason for not coming forward about her daughter's demise.

Thanks in advance if anyone knows of a precedent for this!
Click to expand...

I guess she could have done what most of us would do if in fear of our lives-
CALL the POLICE.:crazy:
 
Well, regardless of the fact that KC could only use any kind of perceived threat to her safety (and despite the fact she has already told several people of alleged "abuse" within her family) - the best that excuse could be used for at this point is mitigating circumstances for a death penalty.

I think the Anthony family should buckle up - it's gonna be a bumpy ride with KC at the wheel!
 
Phew-I am glad I finally read this thread...I kept pondering the title wondering if Casey would be using a self defense plea because she feared Caylee...you know, the three year old with the temper tantrums.
 
BuffaloPI said:
The more we see of GA and CA in the media, the more I fell there is a strong possibility this pair is severely mentally unbalanced.

My question is: Is there legal precedence for concealing the death of a child in the interest of self-defense?

As in, could KC plausibly present a defense strategy that the reason she never came forward about her daughter's death was for fear of her life, specifically fear that her possibly mentally unstable parents would harm her?

I guess this could be my attempt to balance the Anthony's erratic behavior with Baez's constant insistence that KC had a "very compelling" reason for not coming forward about her daughter's demise.

Thanks in advance if anyone knows of a precedent for this!
Click to expand...

I'm not a legal expert, just a peon who gets called on to do jury duty but I am an RN and yes he A's are unbalanced.
So is KC however.
Only a serious head case wouldn't have taken availed themselves of LE's offer on day one to tell the truth, admit an accident and the deathly fear of their parents possibly killing them because of it. Only a person with really bad legal representation wouldn't have 'fessed up since, if that's going to be a defense now IMO.
Only a guilty person would throw his out at trial and remember, KC presumably passed her psych evaluations and was never on suicide watch.

I guess my point is even if there is a precedent somewhere, this case doesn't suggest legitimate fear on KC's part, of anything or anyone IMHumbleO :twocents:
 
I'd say, no.

She did return to her parents home after being released from jail several times. There was no indication then that she was afraid of them. In fact, for the most part, they pampered her like a returning hero.

I detest CA, don't like GA, do they have mental problems, sure would appear that way to me. Can kc use any of this... IMO, she'd be better off sticking with the pathetic SOD defense.
 
This type of defense would never fly. The only upside is that it would involve her admitting being responsible for the death of her child.

If the scenario involved an autopsy that showed the child clearly died from an accident and the mother was charged with dumping the body and filing a false report then someone could possibly claim they committed the acts following the accident because they feared for their lives. Lending itself towards a plea deal if the county is reimbursed for the expenses you generated by lying after the fact. A more plausible explanation in a case like this would be the I lost my mind after the death of my child and acted irrationally.

But there is no legal standing for I caused someone's death to prevent harm to myself from a third party.

The George and Cindy dysfunction will only really be of value to Casey as a mitigating factor if the jury finds her guilty and begins the death penalty phase. moo
 
If KC were that afraid of either of her parents she never would have stolen money from her family. She would have been terrified to lie about well... everything in her life.

KC wasn't afraid because of what they would do to her, per se.. she was afraid of CA because she knew CA loved Caylee more than her. Just mo though.
 
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