NEWS! Casey Anthony Case Proves Our Legal System Works
by Steven Birn
The Casey Anthony trial ended yesterday with a not guilty verdict on the charges of murder, manslaughter and child endangerment. Normally we wouldn’t comment on sensational media trials like this but there are some important legal points to be made here. Many of my pro-life friends are outraged over the decision of the jury. We shouldn’t be so quick to discount what the jury felt was inadequate evidence. While there doesn’t appear to be justice for Miss Anthony’s child, western legal tradition was victorious and for that we should be thrilled.
English common law created the proof beyond a reasonable doubt standard in criminal prosecutions. This standard was adopted by the several states and the Federal government. It is a very high standard, far higher than the preponderance of the evidence standard for finding parties liable in civil trials. It is also far higher than the clear and convincing evidence standard that is used for some governmental hearings and on some Constitutional law cases. If the standard were a preponderance of the evidence or clear and convincing evidence in order to convict, Casey Anthony would likely be sitting on death row.
But the standard is proof beyond a reasonable doubt and for that we must rejoice. This high burden of proof prevents the state from prosecuting every people on flimsy or inadequate evidence. This high standard prevents innocent parties like you and me from being subjected to criminal charges based on limited evidence. If it means that a few guilty parties walk free, so be it. The system protects the innocent.
I believe Casey Anthony killed her kid but I don’t believe the prosecution proved their case beyond a reasonable doubt. I could see where a juror may have a reasonable doubt based on the evidence. Especially so after having spent weeks sequestered and focusing only on this case. I have no study to back this up but I believe that juries that are sequestered for long periods of time tend to deliver not guilty verdicts. They become desensitized to the murder itself and begin to view
it in a very clinical manner, which I believe gives rise to reasonable doubts. The O.J. Simpson murder trial and the Michael Jackson child molestation trial are good examples.
It must be noted that Anthony’s defense attorney did a great job. In high profile cases criminal defense attorneys create chaos so as to create reasonable doubt in the minds of the jury. Anthony’s attorney did just that. In zero profile cases, especially court appointed cases, defense attorneys often mail in their defense. That certainly wasn’t the case here. The defense did a good job for their client by turning the court into a three ring circus, which took away from the prosecutions case. A lot of people don’t like this sort of thing but the fact is that it’s the job of an attorney to vigorously defend his client and that surely happened here.
This case was a victory for the American court system because it proved that the court system works. The prosecution didn’t meet its burden of proof, Casey Anthony must walk free. Rather than be upset over the denial of justice for Miss Anthony’s daughter, we should be thankful that the burden of proof is so high. It protects average citizens, which Miss Anthony prior to this trial surely was, from media vipers like Nancy Grace and from the lynch mob. Our justice system works.
There’s a comprehensive article at Wikipedia about the “Death of Caylee Anthony” with footnotes.
Source of SteveBirnSpeaks is at WordPress Blog: http://wp.me/p1fm9a-b7
A brief excerpt from Wikipedia:
Caylee Marie Anthony (August 9, 2005 – c. June 16, 2008) [1] was a child from Orlando, Florida, whose disappearance in June 2008 attracted media attention throughout the United States. Caylee’s skeletal remains were discovered December 11, 2008, five months after she was reported missing by her grandmother, Cindy Anthony.[2] Her mother, Casey Anthony, decided not to report her daughter missing, and was indicted on charges of felony murder. She continued to maintain her innocence throughout her trial.
On July 5, 2011, Casey Anthony was found not guilty of first degree murder (premeditated murder), second degree murder, aggravated manslaughter and aggravated child abuse. She was fold guilty of four counts of providing false information to a law enforcement officer. These charge are misdemeanors in the State of Florida.[3]
Disappearance and discovery
According to Casey Anthony’s father, George Anthony, Casey left the family’s home on June 16, 2008,[4] taking Caylee (who was almost 3) with her and did not return for 31 days.[5] Casey’s mother Cindy asked repeatedly during the month to see Caylee, but Casey claimed that she was too busy with a work assignment in Tampa, Florida. At other times, she said Caylee was with a nanny, later identified by Casey as Zenaida “Zanny” Fernandez-Gonzalez, or at theme parks or the beach.[6] It was eventually determined that although Zenaida Fernandez-Gonzalez did in fact exist, she had never met Casey nor Caylee Anthony, any member of the Anthony family, or any of Casey’s friends.[7]
On July 13, 2008, while doing yard work, Cindy and George Anthony found a notice from the post office for a certified letter affixed on their front door. George Anthony picked up the certified letter from the post office on July 15, 2008, and found that his daughter’s car was in a tow yard.[8] When George picked up the car, both he and the tow yard attendant noted a strong smell coming from the trunk. Both later testified that they believed the odor to be that of a decomposing body.[9] When the trunk was opened it contained a bag of trash, but no human remains.[10]
Caylee Anthony was reported missing to the Orange County Sheriff’s Office on July 15, 2008,[4] by her grandmother, Cindy. During the same call, Casey Anthony acknowledged to the 911 operator that Caylee had been missing “for 31 days”.[11][12] A distraught Cindy also told the 911 operator “There is something wrong. I found my daughter’s car today and it smells like there’s been a dead body in the damn car.”[13]
Continue reading the Wikipedia article at: http://en.wikipedia.org/wiki/Casey_Anthony#Arrests_and_charges
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