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Old July 8th, 2011, 05:48 PM
Rev22:17 Rev22:17 is offline
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Join Date: May 2003
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ToddDH,

Quote:
Originally Posted by You, though attributed to another anonymous individual View Post
I think the system held up in one regard. You're guaranteed a jury of our peers and she's a moron, and they found 12 other morons to form a moron baker's dozen down there. I think it should be like the NFL, where you get that red flag, and during the case if you hear something that you don't like you can stop it right there and go, "I'm voting guilty right now." And I would have stopped it when they said her 2-year-old was lost and she waited 30 days to call the cops. I would have just thrown my flag and said, "Guilty. I don't even need to know what the rest of it is, give her some time." Because anybody who waits 30 minutes, much less 30 days, she's guilty of something. I don't quite know what it is, but something bad; something rotten in Denmark.
Has it occurred to any of those who are eager to tar and feather the jurors that, according to the principles of our legal system, the jury actually might have returned the right verdicts on ALL of the charges?

>> 1. Factually, there apparently was no evidence whatsoever that linked the defendant to the death of the victim. There were no fingerprints on the duct tape, either literally or figuratively, that might have indicated that an act by the defendant caused the death of the child. Thus, the prosecution failed to meet the burden of proof for murder or any lesser included charge, including manslaughter, and also failed to meet the burden of proof on the separate "aggravated manslaughter" charge.

>> 2. From a standpoint of child neglect or abuse, you cannot neglect or abuse a child who is already dead. Thus, failure to report the child missing does not constitute this crime if the child was already dead. In order to sustain such a charge, the prosecution would need to prove that the victim was still alive at the time of the alleged failure.

The prosecution clearly did prove all four counts of false statements to police, on which the jury correctly returned convictions.

So overall, it appears that the jury did return the correct verdicts on all charges.

Norm.
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