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katydidKD 07-06-2011 10:48 PM

Caylee's Law
 
http://losalamitos.patch.com/article...nthony-verdict


I like it.

DrPhil 07-06-2011 11:25 PM

Rest in peace Caylee Anthony regardless of the outcome of this case and how I feel about...other stuff.

If people are going to use their no longer silent consciousness to enact change:

http://www.missingkids.com/missingki...eCountry=en_US

Another interesting case that didn't receive much (or any) attention at the national and international levels:

http://articles.cnn.com/2009-01-05/j...ns?_s=PM:CRIME

http://www.kansas.com/2010/01/02/111...m-herrman.html

http://www.kwch.com/news/adam/kwch-c...2316.htmlstory

christiangirl 07-07-2011 12:13 AM

Quote:

Originally Posted by Drolefille (Post 2068052)
Thing is, the prosecution/investigators are probably fairly certain that they are right and that this is where the investigation led. If there were more suspects, then they might continue to proceed down those lines, but a conviction without new evidence would be all the more difficult for the media circus of this trial.

Her acquittal doesn't mean they didn't find the killer, it means they couldn't prove it. Nor does it mean that she IS the killer, but they may simply have no other significant evidence. A lawyer can better say how likely it is for someone else to be tried.

So basically, this is a mess all around. If she did do it, she got away with it. If she didn't, it's highly likely we'll never know who did. And if there's new evidence that implicates her, it won't matter because she can't be tried again.

That just flat out sucks.

*sigh*......Thanks for that. The scholar in me is glad to learn something new but now I'm legitimately angry which is almost worse than when I was just righteously indignant but didn't really know what was going on. :p

Drolefille 07-07-2011 12:22 AM

Quote:

Originally Posted by christiangirl (Post 2068091)
So basically, this is a mess all around. If she did do it, she got away with it. If she didn't, it's highly likely we'll never know who did. And if there's new evidence that implicates her, it won't matter because she can't be tried again.

That just flat out sucks.

*sigh*......Thanks for that. The scholar in me is glad to learn something new but now I'm legitimately angry which is almost worse than when I was just righteously indignant but didn't really know what was going on. :p

It's the justice system, and this is the justice system working, like it or not. Whoever said they'd rather have 100 guilty people go free than one innocent person imprisoned, well I agree, but this case is a consequence of that. And we don't KNOW what happened.

DrPhil 07-07-2011 12:22 AM

Quote:

Originally Posted by christiangirl (Post 2068091)
So basically, this is a mess all around. If she did do it, she got away with it. If she didn't, it's highly likely we'll never know who did. And if there's new evidence that implicates her, it won't matter because she can't be tried again.

That just flat out sucks. Now I'm legitimately angry which is almost worse than I was just righteously indignant but didn't really know what was going on. :p

:)

I know you said you don't know much about the legal system but I cannot understand why people (not you) are acting so baffled. It is one thing to be shocked or angry over the verdict. It's another thing to act as though these legal dynamics are something new. I think it speaks to a number of things including, as we said before, how people tend not to pay attention until they are interested in the particular case for some reason. This could be a teachable moment about various aspects of the legal system and the media. However, I can't help but be floored and mildly amused that people are making so many judgments when they are so uninformed about the legal system.

DrPhil 07-07-2011 12:33 AM

Quote:

Originally Posted by Drolefille (Post 2068096)
It's the justice system, and this is the justice system working, like it or not. Whoever said they'd rather have 100 guilty people go free than one innocent person imprisoned, well I agree, but this case is a consequence of that. And we don't KNOW what happened.

I agree. As a friend and I were discussing earlier (Prosecutor Ashton also said this), personal reactions aside, it makes no sense to say you support justice and innocence until proven guilt yet you only support it when you agree with the verdict.

The justice system has hundreds if not thousands of people who were wrongly convicted over the years. For a small percentage of those people, they will eventually be vindicated. A radio station did a show about that last week (also: http://www.innocenceproject.org/). Likewise, there will also be people who were found not guilty but they MAY have done the crime. I just hope that people operate by the law and don't attempt to take the law into their own hands.

christiangirl 07-07-2011 12:46 AM

Well.....and this is just a guess....but maybe people are acting like this is new because it really is new to them. With each highly publicized case, a new wave of people figure out how the legal system works or receive confirmations that what they've seen in the media (and thought was incorrect) is actually how it goes. In life, people (children, employees, etc) get punished by authority (parents, employers, etc) on circumstancial evidence all the time. So it's not far-fetched for people to assume the justice system would operate that way, too. Or else wish so badly that it did they convince themselves it's possible even if they know deep-down it's not.

VandalSquirrel 07-07-2011 01:14 AM

http://blogs.wsj.com/law/2011/07/06/...irtual-frenzy/

http://www.change.org/petitions/create-caylees-law

You know how to get law makers interested in laws? Not the same way you go about trying to save your favorite television show.

knight_shadow 07-07-2011 01:20 AM

Quote:

Originally Posted by VandalSquirrel (Post 2068106)

Quote:

It calls for the creation of a new federal statute called “Caylee’s Law” – named after Anthony’s deceased daughter – that would make it a felony for parents not to report the death of a child to law enforcement within an hour of discovering the incident, or within 24 hours in the case of child disappearance.
1. How could someone prove that it's been more than an hour since discovery?

2. Don't police departments require folks to wait 48 hours before they can report someone as missing? Never mind.

christiangirl 07-07-2011 01:23 AM

Quote:

Originally Posted by knight_shadow (Post 2068108)
1. How could someone prove that it's been more than an hour since discovery?

2. Don't police departments require folks to wait 48 hours before they can report someone as missing?

1. That's what I was thinking. :confused:

2. It's 24 hours, AFAIK.

knight_shadow 07-07-2011 01:26 AM

Quote:

Originally Posted by christiangirl (Post 2068109)
2. It's 24 hours, AFAIK.

Whoops. That's what I meant.

PiKA2001 07-07-2011 01:35 AM

Quote:

Originally Posted by christiangirl (Post 2068109)
1. That's what I was thinking. :confused:

2. It's 24 hours, AFAIK.

For an adult yes, but for a young child, NO. You can notify the police 5 minutes after last seeing your child.

knight_shadow 07-07-2011 01:37 AM

Quote:

Originally Posted by PiKA2001 (Post 2068112)
For an adult yes, but for a young child, NO. You can notify the police 5 minutes after last seeing your child.

How young is "young" in an instance like this? Anything under 18? 10 or younger?

I know that I've heard of people being told to wait because "Junior is 16 and probably just ran away."

christiangirl 07-07-2011 01:39 AM

Hmmm....is there an age limit on that? I've had a lot of adolescent patients (12+) who ran away and their parents called the police only to be told they had to wait 24 hours.

ETA: Yeah, what he said up there.

PiKA2001 07-07-2011 02:10 AM

Quote:

Originally Posted by knight_shadow (Post 2068113)
How young is "young" in an instance like this? Anything under 18? 10 or younger?

I know that I've heard of people being told to wait because "Junior is 16 and probably just ran away."

Caylee was like 3, no? Yes, teenagers and adults are different but who the hell would wait 24 hours if their 5 yr old wandered off in a park?

knight_shadow 07-07-2011 02:13 AM

Quote:

Originally Posted by PiKA2001 (Post 2068116)
Caylee was like 3, no? Yes, teenagers and adults are different but who the hell would wait 24 hours if their 5 yr old wandered off in a park?

I wasn't talking about Caylee, but yeah, I would raise hell if my 3-5 year old went missing.

The petition said "if your child..." so I'm trying to figure out what that cutoff is.

PiKA2001 07-07-2011 02:26 AM

Quote:

Originally Posted by knight_shadow (Post 2068117)
I wasn't talking about Caylee, but yeah, I would raise hell if my 3-5 year old went missing.

The petition said "if your child..." so I'm trying to figure out what that cutoff is.

I see...... I don't know about that petition, I'm just talking children in general. Sorry fuh ani cunfushion ser...:D

DrPhil 07-07-2011 10:13 AM

Silence? Oh well.

Casey Anthony sentenced to 4 years in jail.

http://www.msnbc.msn.com/id/43666041...l/from/toolbar

BluPhire 07-07-2011 11:22 AM

Quote:

Originally Posted by DrPhil (Post 2068172)
Silence? Oh well.

Casey Anthony sentenced to 4 years in jail.

http://www.msnbc.msn.com/id/43666041...l/from/toolbar


Now that's a miscarriage of justice.

Consecutive years...seriously.

Oooh Justice. LOL

BetteDavisEyes 07-07-2011 11:26 AM

Due to time served, she could be out later in July or August. :rolleyes:

BluPhire 07-07-2011 11:29 AM

Quote:

Originally Posted by BetteDavisEyes (Post 2068188)
Due to time served, she could be out later in July or August. :rolleyes:

Exactly.

BetteDavisEyes 07-07-2011 11:33 AM

I want to slap the smirky smile off her face. Ugh.

/end rant

ThetaPrincess24 07-07-2011 11:37 AM

Quote:

Originally Posted by BetteDavisEyes (Post 2068188)
Due to time served, she could be out later in July or August. :rolleyes:

Regardless of how one feels about the verdict or what the judge sentenced her to, for her personal safety it's probably best she was not released today. I cant say I'd say the same if I was in jail waiting to be released, but this case has brought its share of nutjobs out of the woodwork, and I cant help but to feel there is a small element of folks out there waiting to enact their own justice on her as soon as security lets up.

BluPhire 07-07-2011 11:37 AM

Quote:

Originally Posted by BetteDavisEyes (Post 2068194)
I want to slap the smirky smile off her face. Ugh.

/end rant

I wanna smack all of them honestly.

Casey Anthony, Nancy Grace, Jane Velez-Mitchell, and the jurors that are currently snitching talking about they were sick to their stomachs.

**Edit**

Casey Anthony is getting out next Wednesday.

BetteDavisEyes 07-07-2011 11:41 AM

Quote:

Originally Posted by BluPhire (Post 2068197)
**Edit**

Casey Anthony is getting out next Wednesday.


I'm surprised they published this due to the massive media attention and the hostility towards her. I would have figured they'd keep the date under wraps for her own safety & then she'd go into hiding before starting her media tour of the U.S.

UGAalum94 07-07-2011 11:51 AM

Don't you all have a sense that she'll be back in jail at some point?

I don't think you go from being an amoral sociopath to a law abiding citizen, especially when you might have literally gotten away with murder the last time you got into trouble.

Granted, I don't expect her to go to jail for anything related to this case and I don't expect her to perhaps kill anyone else, but I just don't expect much from her.

katydidKD 07-07-2011 11:57 AM

Quote:

Originally Posted by UGAalum94 (Post 2068203)
Don't you all have a sense that she'll be back in jail at some point?

I don't think you go from being an amoral sociopath to a law abiding citizen, especially when you might have literally gotten away with murder the last time you got into trouble.

Granted, I don't expect her to go to jail for anything related to this case and I don't expect her to perhaps kill anyone else, but I just don't expect much from her.

Yes. She will do something stupid and unrelated in all likelihood, and be in prison. Just like OJ who is locked up for the rest of his life essentially.

dekeguy 07-07-2011 12:28 PM

A couple of comments:
1. Burden of proof rests with the prosecution in almost all instances and certainly in this case. In criminal law it is for the prosecution to prove their case beyond reasonable doubt. In Civil Law the standard is somewhat less, it is determined on the balance of probabilities.
2. In Scotland there is a third verdict - Not proven. This means that the defendant was probably guilty but there was insufficient proof to overcome the issue of reasonable doubt. It is often described in UK Law Schools as "Not Guilty but don't do it again." We might do well to adopt that option in the US.
3. If someone with 'standing' before the court, like a family member, wants to pursue the issue there is always the civil remedy of Wrongful Death. OJ was hit with such a suit and massive damages were awarded to his late wife's family.
4. Incidentally, I believe the OJ trial was NOT a miscarriage of justice. The evidence chain of custody was hopeless and the investigating detective was shown to be prejudiced and have ample opportunity to mishandle evidence and plant evidence detrimental to OJ. Whether or not he did the crime was not established beyond 'reasonable' doubt. Therefore the verdict was solid.
The wrongful death issue was a means of destroying OJ financially. However, the later arrest and trial which landed him in prison seemed a bit too much of a 'let's get OJ and throw his butt in jail' revenge action. The old chesnut that 'Justice must not only be done but must be seen to be done' sticks in my craw in that case. There were so many mitigating and extenuating circumstances involved that I thought the sentence was excessive and sent a very unfortunate message. Please remember as you read this that I am the Conservative Barrister who has often been called a right winger in GC.

Anyway, those are my thoughts for what they are worth.

TonyB06 07-07-2011 12:38 PM

Quote:

Originally Posted by BetteDavisEyes (Post 2068199)
I'm surprised they published this due to the massive media attention and the hostility towards her. I would have figured they'd keep the date under wraps for her own safety & then she'd go into hiding before starting her media tour of the U.S.

The release date, likely on some official form, is public information and available for anyone who'd care to ask.

Who is the "they'd" who'd keep it under wraps for her safety? the same media that's gone wall-to-wall coverage the last 3 years? The national media is a pimp and this trial was just the latest whore. Sorry, but that's the real. ...now, given America's appetite for the bizarre, they'll move on to the next oddity of allegedly "national import."

PiKA2001 07-07-2011 01:26 PM

I wonder if she's going to go back to mom and dad's house after she threw them under the bus..well maybe her brother will take her in....oh yeah, she threw him under the bus too.

VandalSquirrel 07-07-2011 01:45 PM

Quote:

Originally Posted by PiKA2001 (Post 2068224)
I wonder if she's going to go back to mom and dad's house after she threw them under the bus..well maybe her brother will take her in....oh yeah, she threw him under the bus too.

Halfway house with supervision and rehabilitation programming while on probation?

Not sure about the details as I haven't read into it today.

AnotherKD 07-07-2011 01:55 PM

Quote:

Originally Posted by dekeguy (Post 2068213)
A couple of comments:
1. Burden of proof rests with the prosecution in almost all instances and certainly in this case. In criminal law it is for the prosecution to prove their case beyond reasonable doubt. In Civil Law the standard is somewhat less, it is determined on the balance of probabilities.
2. In Scotland there is a third verdict - Not proven. This means that the defendant was probably guilty but there was insufficient proof to overcome the issue of reasonable doubt. It is often described in UK Law Schools as "Not Guilty but don't do it again." We might do well to adopt that option in the US.
3. If someone with 'standing' before the court, like a family member, wants to pursue the issue there is always the civil remedy of Wrongful Death. OJ was hit with such a suit and massive damages were awarded to his late wife's family.
4. Incidentally, I believe the OJ trial was NOT a miscarriage of justice. The evidence chain of custody was hopeless and the investigating detective was shown to be prejudiced and have ample opportunity to mishandle evidence and plant evidence detrimental to OJ. Whether or not he did the crime was not established beyond 'reasonable' doubt. Therefore the verdict was solid.
The wrongful death issue was a means of destroying OJ financially. However, the later arrest and trial which landed him in prison seemed a bit too much of a 'let's get OJ and throw his butt in jail' revenge action. The old chesnut that 'Justice must not only be done but must be seen to be done' sticks in my craw in that case. There were so many mitigating and extenuating circumstances involved that I thought the sentence was excessive and sent a very unfortunate message. Please remember as you read this that I am the Conservative Barrister who has often been called a right winger in GC.

Anyway, those are my thoughts for what they are worth.

Are you from the UK? Or are you also one of those lawyers that refer to themselves as "Blankety Blank, Esquire"? ;)

christiangirl 07-07-2011 02:31 PM

Quote:

Originally Posted by AnotherKD (Post 2068229)
Or are you also one of those lawyers that refer to themselves as "Blankety Blank, Esquire"? ;)

I'm not sure why but that cracked me up. :o

BluPhire 07-07-2011 02:35 PM

Quote:

Originally Posted by christiangirl (Post 2068238)
I'm not sure why but that cracked me up. :o


Because it's true.

katydidKD 07-07-2011 03:54 PM

Caylee's Law Being Drafted in 4 States
 
http://abcnews.go.com/US/casey-antho...ry?id=14020260

BluPhire 07-07-2011 04:41 PM

Quote:

Originally Posted by katydidKD (Post 2068258)


These is why "The will of the People" is always laughed at. The people can be real stupid.

KSig RC 07-07-2011 04:53 PM

Quote:

Originally Posted by katydidKD (Post 2068258)

Sweet! It's like a drug tax stamp law, but for kids dying!

Wait, drug tax stamps are silly, redundant, and awkward to enforce? And they're corner-case laws to attempt to get around existing issues with the legal system? And here, the thing you're getting around almost never happens, and when it does, you're simply adding onto a life sentence?

I will sign that petition post-haste, and sing its praises from the top of Mount Sarbanes-Oxley!

ASTalumna06 07-07-2011 05:09 PM

Quote:

Originally Posted by katydidKD (Post 2068258)

Caylee went missing 3 years ago, and this comes only two days after people heard a "not guilty" verdict and became enraged because of it.

I wonder what would have happened (or not happened) if she was found to be guilty?

Quote:

Originally Posted by KSig RC (Post 2068290)
I will sign that petition post-haste, and sing its praises from the top of Mount Sarbanes-Oxley!

You crack me up.

AOII Angel 07-07-2011 05:13 PM

I foresee a future movie plot involving parents who don't report their child missing because kidnappers threaten to kill the kid if the cops are involved. The twist...the parents are arrested because they don't notify the police within 24 hours that the child is missing.:eek: Oh the drama that will ensue...

dekeguy 07-07-2011 05:15 PM

Quote:

Originally Posted by AnotherKD (Post 2068229)
Are you from the UK? Or are you also one of those lawyers that refer to themselves as "Blankety Blank, Esquire"? ;)

Guilty as charged. Barrister-at-Law, Inner Temple, Inns of Court, London.
When in the UK I do not use Esquire as that would infer a demotion. Esquire has a slightly different meaning in the UK as opposed to the US useage. As a dual national and a fiercely proud American I do not use the more appropriate add on bit so I simply sign myself without any additions.


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