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Capital Crimes/ Death Penalty VS Life in Prison

Discussion in 'Caylee Anthony 2 years old' started by MiraclesHappen, Oct 2, 2008.

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Death Penalty VS Life in Prison if Capital Crime Conviction

Poll closed Mar 1, 2009.
  1. Death Penalty is Appropriate in This Case

    184 vote(s)
    50.4%
  2. Life in Prison is Appropriate in This Case

    181 vote(s)
    49.6%
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  1. MiraclesHappen

    MiraclesHappen RIP CAYLEE MARIE

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    People have different ideas about which is the harsher punishment...life in prison, or the death penalty.

    Whether a Court is brutally harsh or amazingly merciful, the question about the severity of these 2 options is a subjective one.

    Florida, of course, is a "Death Penalty State."

    If Casey is convicted of a capital crime, would you want her punishment to be

    Life in prison or

    Execution-the Death Penalty

    and why?

    Please Vote and Discuss your choice. I'm really interested in WSer opinions on this topic!


    Florida Statute 775.082:

    (1) A person who has been convicted of a capital felony
    shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in findings by the court that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole.
     
  2. tiredofthis

    tiredofthis New Member

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    Life in prison so she will have a long time think about what she has done.
     
  3. MaedchenX

    MaedchenX It's business time.

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    Life in prison, general population.

    But then again, I have never viewed death as much of a punishment myself.
     
  4. Ginny

    Ginny New Member

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    Death is too easy. I think she needs to sit in prison -- gen pop, if possible, for a very very long time!
     
  5. Fandy

    Fandy Polite & Interested Newbie, if I don't ask, I'll n

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    I voted for DP, but I don't think she will draw this card. I am basing my post on Mr. Fandy's opinion...."she is too young and pretty, not a prior criminal. They will give her more leniency".
     
  6. Brini

    Brini Future Irene Adler

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    I don't care, as long as she is off the streets forever. She is a very dangerous woman.
     
  7. softsoul

    softsoul I intend to live forever. So far, so good.

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    I agree. I think this would not be an enjoyable life...at least not for me. I'd rather die than live like that. I hope Casey feels the same way.

    OT-Ginny- are those flat coat black labs in your avatar?
     
  8. mydailyopinions

    mydailyopinions New Member

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    I am for the death penalty in most circumstances where someone does harm upon a child..
    But, with this case, I think the worst punishment would be life in prison for Casey.
    Everything is all about her..there is a big difference to me with her knowing she will die, and being given a date, vs having to live the rest of her life not knowing how long she will live.
    I say put her in general public with all the women who stole, and wrote countless bad checks just to feed their families..
     
  9. SharetheLight

    SharetheLight Share the Light, Share the Love

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    I could go either way on this one. Death seems too easy. Yet knowing a date certain when death will come is something to mess with your mind so I don't know on this one. Usually in crimes against children I am death penalty all the way.
     
  10. gibby207

    gibby207 Pooh just is.

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    I might change my mind if we ever find out where Caylee is and what she did to her (to death), but for right now I think that life in prison is a worse fate than death for KC.
     
  11. kathyn2

    kathyn2 Active Member

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    It depends on whether she killed the baby on purpose (1st degree murder....they would have to prove that to me and I am beginning to think she did). If she killed the baby on purpose then I would vote for the death penalty.

    If she murdered the baby thru abuse (ie, overdosing her on drugs or some other mishap thru her neglect and criminal ways) I vote for life without parole. She should never be allowed out in society again or given another chance. As it stands now, without a body, I do not believe the DA will go for the death penalty. I think it is hard to give the DP to someone without a body and I doubt they will ever find the baby's body. No matter what they say the DP is the worse penalty and sentence. No one could enjoy living with that hanging over their head.
     
  12. PoppyH

    PoppyH Scampii, My Cleaner Shrimp!!

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    I voted life in Prison, I hope the memory of what has happened to Caylee haunts her for the rest of her life, death is too easy for her, He!! will be still be there, she gets to spend eternity there, not in jail, only a lifetime in jail JMO


    Poppy
     
  13. SeriouslySearching

    SeriouslySearching Active Member

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    DP W/aggravating circumstances. Pick one!

    Florida:

    (4) The defendant committed the murder after substantial planning and premeditation

    (11)The victim of the capital felony was a person less than 12 years of age

    (12)The victim of the capital felony was particularly vulnerable due to disability, or because the defendant stood in a position of familial or custodial authority over the victim

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

    http://www.deathpenaltyinfo.org/aggravating-factors-capital-punishment-state
     
  14. ariesgodofwar

    ariesgodofwar New Member

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    If she is guilty, why pay for her? She is quite probably by all accounts a sociopath, so she will not feel remorse, so if that is the case, I disagree that a life sentence would have any effect on her whatsoever. If this was premeditated, I think the death penalty should definitely be on the table and is appropriate, besides, even if condemned, she will sit on the row for years. Taxpayers should not have to pay for the luxuries involved with housing her as the likelyhood of her being placed in gen pop due to the notoriety of this case are about zero. That means she will be in the SHU with her own cell and probably most of the luxuries of home. If the Florida taxpayers want to assume those costs, God bless them, however, since life without parole carries no rehabilitative value (most all agree no way to rehab a sociopath anyway), there is little point. Just condemn her and be done if convicted, jmo.
     
  15. kathyn2

    kathyn2 Active Member

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    Casey has no conscience or feelings for anyone but herself. Caylee never haunts her. You are thinking about normal people. Casey is a sociopath and could care less now. Its all about her. All about saving her own neck. Her baby is dead and gone. Time to move on according to her thinking. She will just find herself a girl friend in prison so she can carry on with her sex life and find a way to be happy there. If the DA proves to me she killed her daughter on purpose I hope she gets the death penalty.

     
  16. IntriguedMind

    IntriguedMind New Member

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    I'm not comfortable with death penalty to be honest so life in prison is my vote.
     
  17. Themis

    Themis Registered User

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    I'm not going to vote yet; still considering. The following is the statute containing things that must be considered and findings made before imposing a sentence of death.

    The 2008 Florida Statutes

    Title XLVII
    CRIMINAL PROCEDURE AND CORRECTIONS Chapter 921
    SENTENCE View Entire Chapter

    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 the defendant's 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);

    (b) 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

    (b) 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 within 30 days after the rendition of the judgment and 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 and disposition rendered within 2 years after the filing of a notice of appeal. 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:

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

    (b) 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; aggravated child abuse; abuse of an elderly person or disabled adult resulting in great bodily harm, permanent disability, or permanent disfigurement; arson; burglary; kidnapping; aircraft piracy; or 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 or her official duties.

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

    (l) The victim of the capital felony was a person less than 12 years of age.

    (m) The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim.

    (n) The capital felony was committed by a criminal gang member, as defined in s. 874.03.

    (o) The capital felony was committed by a person designated as a sexual predator pursuant to s. 775.21 or a person previously designated as a sexual predator who had the sexual predator designation removed.

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

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

    (b) 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 or her 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 or her conduct or to conform his or her conduct to the requirements of law was substantially impaired.

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

    (h) The existence of any other factors in the defendant's background that would mitigate against imposition of the death penalty.

    (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 to the jury. 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; s. 1, ch. 95-159; s. 5, ch. 96-290; s. 1, ch. 96-302; s. 7, ch. 2005-28; s. 2, ch. 2005-64; s. 27, ch. 2008-238.

    1Note.--As amended by s. 1, ch. 96-302. This version is published as the last expression of legislative will (see Journal of the Senate 1996, pp. 1077 and 1128). Paragraph (5)(a) was also amended by s. 5, ch. 96-290, and that version reads:

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

    jerchers New Member

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    I would agree with you on 98% of the cases--but if she not worried or thinking about Caylee now-what makes you think she will give a thought in prison. She will spin her lies do interviews --become a star-in her eyes all the attention will be on her. I am a victim in all of this blah blah blah Let her think about being sentence to death and sh is in a state that does it. NJ had the death penality for 20 years not one person died.
     
  19. JenninFla

    JenninFla one mad mama

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    I say long slow painful death. They need to fire up old sparky and forget to wet the sponge :burn:
     
  20. PoppyH

    PoppyH Scampii, My Cleaner Shrimp!!

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    You are probably right Kathryn, I forgot Casey is like a chemleon{sp} ?and will shape herself to fit in with her surroundings



    Poppy
     
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