The Charges, Statutes - What Must Be Proven

Discussion in 'Caylee Anthony 2 years old' started by TexasLil, Oct 15, 2008.

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  1. TexasLil

    TexasLil New Member

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    This thread is to discuss each of the three major charges, what they mean and what must be proven to the jury for a guilty conviction.

    Murder 1

    (1)(a) The unlawful killing of a human being:

    1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;
    is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.

    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0782/SEC04.HTM


    Aggravated Manslaughter

    (3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    http://www.flsenate.gov/Statutes/in...82/SEC07.HTM&Title=->2007->Ch0782->Section 07

    Aggravated Child Abuse:

    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.

    A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0827/SEC03.HTM
     
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  3. TexasLil

    TexasLil New Member

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    7.7 MANSLAUGHTER [section] 782.07, Fla. Stat.

    To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt:

    1. (Victim) is dead.

    Give 2a, 2b, or 2c depending upon allegations and proof.

    2. a. (Defendant) intentionally knowingly or consciously committed an act that caused the death of (victim).

    b. (Defendant) intentionally knowingly or consciously procured an act that resulted in the death of (victim).

    c. The death of (victim) was caused by the culpable negligence of (defendant).

    In order to convict of manslaughter by intentional act, it is not necessary for the State to prove that the defendant had a premeditated intent to cause death.

    Culpable Negligence - culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing careless disregard for the safety and welfare of another person or persons.
     
  4. LazyCat08

    LazyCat08 I may not be Glenn Beck, but I am a thinker......

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    From a legal stand point where does it go from here?
    What happens?
    How long will it all take?
    When will all the evidence be made public?
    Are the Grand Jury proceedings sealed for a certain period of time? Can they use them in a trial?
    What happens if they find Caylees body in the meantime?
    Someone else posted that LE may be planning to move forward with capital murder charges in hopes that Casey will come clean in order avoid a possible death penalty. Is it likely that this is the plan?
    Do you think they will eventually drop the 4 counts of lying to LE in the interest of moving forward with the murder charges? Especially if they make a deal?

    :waitasec::waitasec::waitasec: :confused: :confused: :confused:
     
  5. JBean

    JBean Retired WS Administrator

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    bumpity bump bump bump
     
  6. MissJames

    MissJames a yellowflutterby changed my life : )

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    LOL I thought this was new,saw the date 10-15, thinking,how'd that happen? Today is 10-14.Then I saw 08.Duh
    So what happened to the rest of the thread ?
    Great idea : )
     
  7. lin

    lin New Member

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    Yup! Me too! Now off to find some of the posts that have already done the research on LIO's and felony murder.

    Yes, Virginia, there is not only a Santa Claus but KC may be convicted of felony murder, 2nd degree murder and various other Lesser Included Offenses or LIO's.
     
  8. lin

    lin New Member

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    Regarding a potential felony murder conviction:

    Originally posted in the Premeditation thread, [ame=http://www.websleuths.com/forums/showpost.php?p=4282247&postcount=22]here.[/ame]

    (slightly edited from original post)
     
  9. JBean

    JBean Retired WS Administrator

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    actually that is not regarding a felony murder charge that is regarding a premeditated murder charge.
    thanks Lin.
     
  10. lin

    lin New Member

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    Thanks! I was working on correcting -- noticed as soon as I submitted I grabbed the wrong post!
     
  11. MissJames

    MissJames a yellowflutterby changed my life : )

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    I think the aggravated child abuse is covered with the duct tape =willfully tortures,maliciously punishes.
    Bagging her up and keeping her in the trunk=unlawfully cages a child
    leaving Caylee to rot in the woods = permanent disfigurement to a child
     
  12. lin

    lin New Member

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    Legal authorities showing felony murder conviction although not specifically charged, originally posted [ame=http://www.websleuths.com/forums/showpost.php?p=4283297&postcount=39]here[/ame]:

    So, unless someone can come up with a more recent opinion that overturns Knight, it appears to be the very, very well settled law of Florida.

    (also slightly edited from original post)
     
  13. lin

    lin New Member

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    Under Florida law, LIO's or Lesser Included Offenses do not have to be specifically charged in the indictment. In essence, KC also faces 2nd degree murder; manslaughter and all other LIO's of each named count on the indictment. The only charge that requires premeditation as an element is 1st degree murder. Per Knight, felony murder may also be instructed and also carries a maximum sentence of dp.

    From Florida Standard Jury Instructions, page 113:

    "7.1 INTRODUCTION TO HOMICIDE

    Read in all murder and manslaughter cases. In this case (defendant) is accused of (crime charged). Give degrees as applicable. Murder in the First Degree includes the lesser crimes of Murder in the Second Degree, Murder in the Third Degree, and Manslaughter, all of which are unlawful."

    From Florida Standard Jury Instructions, page 50:

    "3.4 WHEN THERE ARE LESSER INCLUDED
    CRIMES OR ATTEMPTS

    Give before reading charges on lesser included crimes or attempts. In considering the evidence, you should consider the possibility that although the evidence may not convince you that the defendant committed the main crime of which [he] [she] is accused, there may be evidence that [he] [she] committed other acts that would constitute a lesser included crime [or crimes]. Therefore, if you decide that the main accusation has not been proved beyond a reasonable doubt, you will next need to decide if the defendant is guilty of any lesser included crime. The lesser crimes indicated in the definition of (crime charged) are:

    (List — see chart that follows instruction on the crime charged.)"
     
  14. lin

    lin New Member

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    From page 116, Florida Standard Jury Instructions

    [​IMG]


    ** Note: The evidence presented must support the Lesser Included Offense. For example, Vehicular Homicide would only qualify as a LIO if the suspect had previously been charged with 1st or 2nd degree murder due to a fatality caused by a motor vehicle.
     
  15. JBean

    JBean Retired WS Administrator

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    Just to clarify it is important to note that first degree felony murder is not considered a lesser charge to premediated murder. I would then think that the state would have to ask for it specifically to be considered by the jury.
    I wonder why the state did not charge her with it specifically. It just seems like an easier charge to prove.

    ETA: also can someone post the actual charges that she faces now? Just the ones regarding caylee, not the check fraud and all that.
    TIA.
     
  16. lin

    lin New Member

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  17. Just Jayla

    Just Jayla New Member

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    So they have to at least prove KC applied the duct tape to Caylee before she died-In this event, that is homicide in the commission of a felony (aggravated child abuse, which I believe putting tape over a child would be, since they can easily suffocate)....And then the death penalty can still apply, and would have to go to the highest courts to overturn, since this has been upheld by the Eigth Amendment (see Tison v. Arizona)
     
  18. lin

    lin New Member

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    Per the holding in Knight and as shown in the Florida Standard Jury Instructions, the state may request the jury be instructed on felony murder even though it isn't specifically charged. The state didn't have to indict it specifically for it to be applicable, just like they didn't have to separately indict 2nd degree murder, non-aggravated child abuse, etc.

    ETA: Deparvine v. State and Hannon v. State are cited above in post #11 and may help explain the legal concept better than can I. It has been taken to the Florida Supreme Court and upheld numerous times that the constitutional requirements are satisfied in that the defendant has been given notice they are charged with a felony and that they are charged with murder. It therefore follows, according to the reasoning of the various panels that have examined this issue, that it can't come as a surprise to have the jury instructed on felony murder.
     
  19. JBean

    JBean Retired WS Administrator

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    LOL
    But my question is, I wonder why they didn't charge her with felony murder as it seems it would be easier to prove than premediated murder.
     
  20. Just Jayla

    Just Jayla New Member

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    Note also re: the Tison case, that the death penalty may be imposed in order to satisfy retribution and create deterence....Don't mean to offend, though I have said it here before, but Florida could use some deterence.

    [ame]http://en.wikipedia.org/wiki/Felony_murder_and_the_death_penalty[/ame]
     
  21. Just Jayla

    Just Jayla New Member

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    I think this would come down to them wanting to see her executed....Felony homicide does not always guarantee that the death penalty can be sought, see my link above to Wiki article. but a conviction on premeditated adds that factor of, well, premeditation, which is more offensive to a sentencing jury.

    Also, I'm sure the attys here know more about the details that might be behind it.

    ETA: But as I understand what Lin is posting, if they lose the argument on the first degree charges, they can fall back on felony murder per the case Lin cited. And possibly still get the DP.
     
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