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How could she not do jail time for perjury?
For a note at just how bad the prosecution was on this one...
The prosecution were never even able to come up with a cause of death. Might have been drowning, chloroform, suffocation.... it was a case built almost entirely on circumstantial evidence, and those are ALWAYS difficult to prove.
Am I the only one who is less concerned about this and more concerned about things like the current state of our economy?
For a note at just how bad the prosecution was on this one...
The prosecution were never even able to come up with a cause of death. Might have been drowning, chloroform, suffocation.... it was a case built almost entirely on circumstantial evidence, and those are ALWAYS difficult to prove.
Yep. Like it or not, the jury followed the "reasonable doubt" instruction, and lack of cause of death (which means you can't even say with 100% certainty it was murder) trumped "bizarre and suspicious behavior" on the part of the accused.
Am I the only one who is less concerned about this and more concerned about things like the current state of our economy?
I cannot answer that, because from what I read/saw/reviewed the prosecution did prove beyond a reasonable doubt she was guilty....If you were on the jury, and thought she was guilty - but didn't believe the prosecution proved it beyond a reasonable doubt - would you convict her?
I will say this. I was a juror on a minor drug possession trial about six months back. The prosecution could not prove *beyond all reasonable doubt* that this little scumbag was the one in possession of the heroin. His multiple past convictions and his being seated in the back seat of a car with three other documented addicts and criminals was enough for me. I felt very strongly he should have been sent to jail, and made that clear in the jury room. I was outnumbered by a great many bleeding hearts, and ultimately just conceded. I wasn't going to let a loser druggie ruin my dinner reservations, knowing it's only a matter of time before he's on trial again and most likely sent to jail. Where he belongs.
Also note that generally even if the jury believed she was guilty of some lesser crime (Murder II, Manslaughter, etc.) - they don't decide what she is charged with and can't charge her with a lesser crime.
If the jury believed she was guilty of murder 2, but she was being charged with murder 1 - their only moral action is to find her innocent of murder 1.
The choice of charges is also something that can be layed at the feet of the prosecution.
You're right. I'm a horrible person for wanting well documented addicts (of hard-core drugs) and felons off the street. I'm lucky there were more clear-thinking people in the room to set me straight.That explains a lot. You are willing to ignore the facts for what your gut tells you. It's a good thing there were more people present to ensure your personal feelings about the situation didn't override the facts in evidence.
Also note that generally even if the jury believed she was guilty of some lesser crime (Murder II, Manslaughter, etc.) - they don't decide what she is charged with and can't charge her with a lesser crime.
If the jury believed she was guilty of murder 2, but she was being charged with murder 1 - their only moral action is to find her innocent of murder 1.
The choice of charges is also something that can be layed at the feet of the prosecution.
Does talking about the outcome mean we don't care about anything else? Head over to the bass forum and ask someone trying to decide between a Lakland or Fender the same question.
Mr. Self-righteous-high-horse-rider.
-Mike
I cannot answer that, because from what I read/saw/reviewed the prosecution did prove beyond a reasonable doubt she was guilty.
I will say this. I was a juror on a minor drug possession trial about six months back. The prosecution could not prove *beyond all reasonable doubt* that this little scumbag was the one in possession of the heroin. His multiple past convictions and his being seated in the back seat of a car with three other documented addicts and criminals was enough for me. I felt very strongly he should have been sent to jail, and made that clear in the jury room. I was outnumbered by a great many bleeding hearts, and ultimately just conceded. I wasn't going to let a loser druggie ruin my dinner reservations, knowing it's only a matter of time before he's on trial again and most likely sent to jail. Where he belongs.
You're right. I'm a horrible person for wanting well documented addicts (of hard-core drugs) and felons off the street. I'm lucky there were more clear-thinking people in the room to set me straight.
</sarcasm>
In this case, they could have. The judge instructed the jury that if they decided she wasn't guilty of first-degree premeditated murder, they could decide whether to convict her of second-degree murder, manslaughter or third-degree felony murder. They passed on all of them. Plus aggravated manslaughter of a child.Also note that generally even if the jury believed she was guilty of some lesser crime (Murder II, Manslaughter, etc.) - they don't decide what she is charged with and can't charge her with a lesser crime.