Let's discuss the Death Penalty in Casey Anthony Case

I am posting this in regards to Snaz's fabulous find on the 25 new motions filed for KC by her defense team. Great find Snaz!

There's been a lot of talk about whether or not this case qualifies for the death penalty. After reading the statue on this and looking at the aggravating circumstances which would make her eligible, I am finding at least 6 that will hands down qualify her for the death penalty. 1a, d, h, i, l, m

So, I find this crusade the defense is on, will be for not, IMO.

Now let's look at mitigating circumstances.

Again, IMO, only, I find that NONE of the mitigating circumstances will apply to KC. Here's why. If KC is claiming 100% innocent, which she is, per JB, how can she claim ANY of the mitigating factors to help her out of this DP? And look, as much as I hate Scott Peterson, many people got on the stand and said he had redeeming qualities and would be a benefit to the prison system and could help others. I think that could very possibly have been true, as he did have a track record of doing good things for others. I can't think of anyone that said, KC was especially kind or helpful or did anything to benefit anyone but herself. And on top of that, all the people we are aware of, that knew her, said she was a manipulative liar, plain and simple.

So, I don't see how AL can say this case doesn't qualify for the DP. All the SA has to prove is ONE aggravator to get a DP sentence. Also, in FL, majority of the jury gets her the DP, not a unanimous vote. So, I believe the defense is making this tremendous fight because they understand, there is a REAL possibility with the facts that will be involved in this case and a lot just because it was a young child, the DP will not be all the difficult for the SA to get for Ms. Anthony.

Thoughts????




(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.

(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.
(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.
(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.


THANK YOU TRACEY... i underlined the "little details" that i believe to be MOST significant in KCs plight to escape the DP... i truly appreciate you taking the time to put them all here, in a neat little line that makes it so easy to see..... there is no question in my mind that KC is OVERQUALIFIED for something for the 1st time in her life... to be put to death...

I agree with you, Randi. KC is OVERQUALIFIED for something for the first time in her life. I would also add (a) because hopefully by the trial she goes on trial for murder, she will already be a convicted felon.

I, personally, believe in the DP. And I am glad, being from the State of Florida, that they do have and enforce it. I'm not sure I buy the argument some have that the DP is not a deterrent to committing murder. I do believe it is true that it won't deter ALL murderers... KC for one, but then she is a sociopath. She never thought she would get caught. And if she did, she thought she could BS her way out of it, just like she has done her whole life.

Great thread, Tracey!

aj... i am refraining from the urge to throw my shoe at you... only because i <3 you, and i respect your opinion, even if i REALLY dont agree with it... for now you are safe, but you may wanna keep that helmet on... LMAO

if you dont want the responsibility of "killing her" i will gladly take your place...

and i think people that kill for the purpose of own selfish gain are HIGHLY likely to kill again... she has the mentalitly of caring about no one but herself, and has proven that another human life means nothing if it "gets in her way".... i think KC is a prime candidate for killing again, because it really doesnt seem to effect her in the least... remember in the beginning of all these hearings, when they kept refurring to her "daughters skeletonized remains" and she didnt even bat an eye..

there is NO remorse, there is no conscience, there is just a means to an end, and caylee was in her way, so she disposed of her like garbage...

imagine if she had a husband with a large life insurance policy... do you think she would think twice about knocking him off for millions?? lets if dog rabbit this for a moment... lets say she was acquitted of murder ... and she met and married YOUR SON (if you had one)... is he safe... would she kill him for $$$..? I think KC is a danger... not to herself, but certainly to others.. and this is my reasoning for the DP...

what do you think??

Great post, Randi!!! But poor AJ... I do hope your helmet your securely fastened.

I have to say I agree with Randi. And I will also take the place of anyone who can't "kill" KC (as AL would say).... what about the defenseless innocent little girl SHE KILLED?

And I sure as heck wouldn't want KC to be involved with MY son (and yes, I do have one... 23 years old!). I think KC is diabolical and would do whatever she felt was in HER best interests.

JMO

have to agree AJ... wouldnt it be fantabulous to see KC at about age 30 or so... with the current trend in weight gain.. wouldnt she be just BEAUTIFUL..

that would bring a smile to my face.. okay.. new plan.. keep her in prison for at least 10 years, so i can revel in her demise ... then get the needle... that is a great idea AJ.. i am glad you are more demented than i am to think of such a plan... HEHEHEHEHEHE!!!!!!!

I have mixed feelings concerning the DP, even when it concerns those like John Coey and his ilk. I do think that in the eyes of the law that this case totally calls for the DP because of the circumstances involved in the way she was murdered and then tossed out like garbage. This was no accident and KC should suffer as much as possible. So, if I am against the DP that would mean KC would get LWOP. I am not comfortable with that either because she is a sociopath and will make a life wherever. She lives in a fantasy world where everything is all good....I don't want her to have any pleasures in this world so DP is what I would vote for....agaist my beliefs because Caylee deserves as much justice as we can get for her....and all the others who have suffered at the hands of those who should have pretected them....in my mind this makes this crime that much more evil...the fact that her mother should have protected her, but for that fact Caylee would still be alive....OFF WITH HER HEAD!!!!!!!!!!!!!!

another thought... if we keep her in prison too long, she will end up preggos... for some reason.. this girl has something that draws completely sane men into her tangled web..

god knows she would find a way to seduce a stupid guard..

grrrr.. the thought just makes me mad.

Funny I was thinking the same thing Randi...If she did carry to term the child would not be raised by her..Thank God...

Randi, I think you will get your wish of Casey being in prison for at least 10 years if she is sentenced to death. According to the Florida Department of Corrections website, 12.5 years is the average length of stay on Death Row prior to execution. According to an article in the The Gainesville Sun, "Death Row inmates have at least nine possible stops for post-trial appeals in the state and federal courts before execution." The article also states that the average time on death row "would be much higher if not for a slew of recent "volunteers" for execution who abandoned further appeals they could have filed."