The remains of 2-year old Caylee Anthony were found in woods near her home. Her grandmother reported her missing after 31 days and her daughter Casey's strange behavior. Casey partied in the days after reporting Caylee missing and her car smelled of human decomposition. She was arrested for murder, child abuse, and lying to police. A grand jury indicted her on these charges. At trial, prosecutors presented circumstantial evidence but Casey was acquitted of murder due to reasonable doubt. She was convicted of lying to police.
Sample demand for full satisfaction of judgment in CaliforniaLegalDocsPro
This sample demand for full satisfaction of judgment in California can be used by a judgment debtor that has fully satisfied a judgment but the judgment creditor has failed to file and record a full satisfaction of judgment as required by California law. The demand is made under the provisions of Code of Civil Procedure section 724.030, 724.040 and 724.050. The demand letter contains brief instructions and citations to California law and demand that a full satisfaction of judgment be filed within 15 days as required by California law. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Gender-Based Violence in Afghanistan by Wazhma HakimiDr. Wazhma Hakimi
Harmful practices identified as Gender-Based Violence (GBV) in Afghanistan, Prevalence of GBV in Afghanistan and Government Efforts to tackle Violence against women (VAW).
Domestic violence can be present in anyone’s relationship; it is not limited by economic status, age, race, education level, or even sexual preference.
Sample demand for full satisfaction of judgment in CaliforniaLegalDocsPro
This sample demand for full satisfaction of judgment in California can be used by a judgment debtor that has fully satisfied a judgment but the judgment creditor has failed to file and record a full satisfaction of judgment as required by California law. The demand is made under the provisions of Code of Civil Procedure section 724.030, 724.040 and 724.050. The demand letter contains brief instructions and citations to California law and demand that a full satisfaction of judgment be filed within 15 days as required by California law. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Gender-Based Violence in Afghanistan by Wazhma HakimiDr. Wazhma Hakimi
Harmful practices identified as Gender-Based Violence (GBV) in Afghanistan, Prevalence of GBV in Afghanistan and Government Efforts to tackle Violence against women (VAW).
Domestic violence can be present in anyone’s relationship; it is not limited by economic status, age, race, education level, or even sexual preference.
This is a project documentation titled: Online Railway Reservation System.
This documentation was submitted by me as my assignment in my 6th sem (2013) in APIIT SD INDIA, Panipat along with a full-fledged working system i.e., a website built using ASP.NET & SQL SERVER 2008
173
Chapter 7
JURIES AND LEGAL DECISION MAKING
In this chapter, we examine the psychology of juries. Juries represent one
form of legal decision making , which is the process of using procedural
and substantive law to settle disputes heard in public forums. We begin by
discussing the nature of legal decision making, identifying its unique fea-
tures, differentiating it from other types of decision making, and consider-
ing various contexts in which it is used. We then focus in detail on juries,
discussing the law and reviewing the research to gain a better understand-
ing of how they are formed and how they function.
In this chapter, you will become familiar with:
The defi nition of legal decision making
The various contexts in which legal decision making takes place
The unique characteristics of juries as legal decision makers
The difference between grand and petit (trial) juries
The basic structure and functions of petit juries
The different models of jury decision making
The process of juror selection
•
•
•
•
•
•
•
CHAPTER OBJECTIVES
In a story that quickly garnered national media attention in the United States,
27 - year - old Laci Peterson was reported missing from her Modesto, California
home by her husband, Scott Peterson, on December 24, 2002. What made the case
so compelling was not that Laci went missing on Christmas Eve, but that she was
CASE STUDY
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EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 5/9/2020 12:18 PM via STRAYER UNIVERSITY
AN: 309009 ; Roesch, Ronald, Hart, Stephen D., Zapf, Patricia A..; Forensic Psychology and Law
Account: strayer.main.eds-live
174 Juries and Legal Decision Making
eight months pregnant at the time. Police searched in vain for Laci for several
months. Scott, supported by Laci ’ s family and friends, spoke about the case at sev-
eral press conferences.
Investigators eventually focused on Scott as a potential suspect based on several
reasons. First, his statements contained inconsistencies about what was he was doing
when his wife disappeared. Initially, he had reported that he was golfi ng but later
maintained that he had been fi shing. A second reason was the revelation that he had
been having extramarital affairs. The third reason was that one of the women with
whom Scott had an affair came forward and gave damning information to police. She
said Scott told her about two weeks before Laci disappeared that he had recently lost
his wife and would be spending Christmas alone. During the Christmas holidays,.
Project 1 Case AnalysisThe Casey Anthony Caylee Anthony Trial.docxanitramcroberts
Project 1: Case Analysis
The Casey Anthony / Caylee Anthony Trial. This case involved the death of a two year old child named Caylee Anthony who lived in Orlando, Florida. In 2008, the child was reported missing, and her mother, Casey Anthony, was charged with murder before the ultimate discovery of the child’s body later that year. The State sought the death penalty. The resulting trial in 2011, lasted six weeks, and gathered a tremendous amount of media attention, as it was televised live and included many interesting witnesses in this largely circumstantial case. Casey Anthony was ultimately found not guilty by a jury. (
https://en.wikipedia.org/wiki/Death_of_Caylee_Anthony
)
Having covered Chapters 1,2,3,4,7,9 and 10, and referenced in Chapter 2, page 78, and using the
following to obtain information about the Casey Anthony trial below, you are to complete the requirements of this Assignment. You are permitted to use additional research.
HYPERLINKS:
Casey Anthony Trial : Day 1, Part 1 : Opening Arguments
https://www.youtube.com/watch?v=oILRGY4obtA&list=PLf1guQcEbGbtYlT3_xRHj4E8MlaBryYQC&index=1
Casey Anthony Trial : Day 1, Part 2 : Opening Arguments
https://www.youtube.com/watch?v=vmKBkXDq3jg&list=PLf1guQcEbGbtYlT3_xRHj4E8MlaBryYQC&index=2
Casey Anthony Trial : Day 1, Part 3 : Opening Arguments
https://www.youtube.com/watch?v=R9dQut6KDsw&list=PLf1guQcEbGbtYlT3_xRHj4E8MlaBryYQC&index=3
Defense Closing Arguments
https://www.youtube.com/playlist?list=PLA3FE06232320897E
State’s Closing Arguments
https://www.youtube.com/watch?v=uMZ47Fmq-Ts
https://www.youtube.com/watch?v=wTtnTdZkfdo
Assignment Requirements:
Structure your paper as follows:
I.
Introduction
1.
Give a
brief explanation
of the burden of proof, which is proof beyond a reasonable doubt in a criminal prosecution.
2.
Give a
brief explanation
of
prima facie
.
3.
Give a
brief explanation
of the applicable code the prosecution was brought under.
4.
Give a brief explanation of why the Simpson trial was so pivotal to the prosecution of crimes in the United States.
II.
Opening Statements
1.
Which attorney was most persuasive?
2.
Which attorney gave the jury more significant facts to consider?
III.
Establishing/Challenging a
Prima Facie
Case for Murder
1.
Name one key witness who helped establish a
prima facie
case of homicide for the prosecution or challenged a
prima facie
case for the defense, and explain why he or she helped or hurt the prosecution of the case.
IV.
Evidence
1.
What other evidence (than testimony) was significant in establishing or challenging a
prima facie
case of murder?
V.
Closing Arguments
1.
Describe why one was more persuasive than the other, and how the jury would have been persuaded one way or the other based on the closing statements.
VI.
Outside Factors
1.
Are there any other outside factors, other than those listed in the book that affected this case? (e.g., the media, society)
2.
Why do you think this is such a di.
Insanity Defense
Insanity Defense
Name
Class
Date
Professor
Insanity Defense
When a person is arrested for a crime they have the right to put on a defense. The criminal defendant can claim the committed the crime in self defense or they could simply say they are innocent. Another type of defense is the insanity defense. In the insanity defense the criminal defendant claims they are not responsible for the crime due to their mental state. In order to be successful at pleading the insanity defense the defendant must prove they were not in their right mind at the time of the crime. If a defendant is found to be legally insane they will either be sent to a mental health facility or to prison where they will receive mental health treatment.
There have been many famous cases where the criminal defendant claimed they were insane. John Hinckley attempted to assassinate President Reagan but despite the heinous crime he was found not guilty for reasons of insanity. This outraged the American public leading to all types of reforms to the insanity defense. The McNaughton Rule was the original test applied to measuring insanity (Collins, 2006). This test simply asks whether the defendant new the difference between right and wrong at the time of the crime. After Hinckley the McNaughton rule was discarded in many states and the burden of proof went from the prosecutor to the defendant.
In some rare case a jury will find a person temporarily insane. In the Lorena Bobbitt case the defendant was found temporarily insane after she mutilated her husband’s genitalia. Lorena Bobbitt is infamous for cutting off her husband’s penis after he raped her. Bobbitt then discarded the penis but it was later retrieved by police. Lorena claimed she was under extreme stress at the time she got the knife and mutilated her sleeping husband. She claimed she did not understand what she was doing when she took a knife to her husband. The jury agreed with Lorena and found her not guilty by reason of insanity.
Jonathon Schmitz was a criminal defendant who killed a gay man, Amedure, who had a crush on him. Schmitz was invited onto a talk show about same sex crushes but was angered when he was confronted by a male friend claiming to have a crush instead of an ex girlfriend or another female as Schmitz expected. Schmitz felt humiliated on national television when Amedure described sexual feelings he had for Schmitz. Later Amedure sent Schmitz a sexually explicit note causing him to grab a shotgun and shoot Amedure. Schmidt claimed insanity but was found guilty of second degree murder.
Claiming insanity does not guarantee a criminal defendant will be found not guilty in current society but in many cases if a criminal defendant is found insane they are also found guilty. Citizens are fed up with criminals committing violent crimes and claiming insanity. The insanity defense is one of the hardest defenses to prove unless it i.
State of Florida v. Casey Marie AnthonyIn October 2008, Casey .docxrafaelaj1
State of Florida v. Casey Marie Anthony
In October 2008, Casey Anthony was arrested and charged with the disappearance and murder of her two year old daughter, Caylee. She was originally charged with giving false statements, child neglect, and obstruction of a criminal investigation - this was later expanded to include first degree murder, aggravated child abuse, aggravated manslaughter of a child, and four counts of providing false information to police. In December 2008, Caylee's skeletal remains were discovered.
After a long contentious trial, on July 5 2011, the jury found Anthony not guilty of first-degree murder, aggravated manslaughter, and aggravated child abuse, and guilty on four misdemeanor counts of providing false information to a law enforcement officer. Jurors cited lack of evidence directly linking Anthony to the murder.
On July 7, 2011 Anthony was sentenced to one year in jail and $1,000 in fines for each of the four counts of providing false information to a law enforcement officer, with the sentences to be served consecutively. Anthony received three years credit for time served plus additional credit for good behavior, resulting in her release date being set for July 13, 2011.
Questions
: Emotions aside, do you believe the prosecution overcharged the case? Why or why not? Was there enough evidence to convict Anthony as she was charged? Why or why not? What are you thoughts on the evidence presented by the defense?
600 Words
2 APA References
.
Running head PHILOSOPHIES & RULINGS1Running Head PHILO.docxtoltonkendal
Running head: PHILOSOPHIES & RULINGS 1
Running Head: PHILOSOPHIES & RULINGS 2
Supreme Court Philosophies and Rulings
Deanna Havens
Professor Alero Afejuku
Constitutional & Judicial Processes/CRJ514
Date:
Supreme Court Philosophies and Rulings
The eighth amendment to the constitution of United States, states that neither shall excessive bail be required, nor imposition of excessive fines, nor infliction of cruel and unusual punishment. Bail becomes excessive when set at a higher figure than a reasonable amount calculated to guarantee the appearance of the defendant at trial. The intention of excessive fines section is to limit fines only payable to and imposed by the government. However, it is applicable to cases on civil forfeiture. The amendment on cruel and unusual punishment prohibits entirely some punishments and forbids other punishments which are excessive in comparison to the crime or to the perpetrator’s competence.
The Warren Court (1953-1969), best and earliest decision on criminal law was the case of Robinson v. California (Powe, 2000). Robinson was arrested by a police officer under California law because the officer claimed that Robinson was an addict of narcotics and so Robinson was sentenced to imprisonment of 90 days. According to the Warren Court, this was a violation to the eighth amendment as the court made an assumption that addiction to narcotics is an illness and hence sentencing a person due to that is similar to forbidding the status of being ill. This language made observers to predict that a constitutionalized act that would forbid the punishment of narcotics addicts for its sale and possession, would be adopted by the court. Conversely, this was different in the Powell v. Texas case near the end of the era of the court. Powell was convicted for being an alcoholic because he was found in public drunk despite the fact that he argued that he was not able to stop himself from drinking and going out in public. He further argued that being punished for that act is similar to punishing his alcoholism disease. Justice Marshall’s opinion was that Powell was being punished for the act of being drunk while in public. It appears, therefore, that the eighth amendment of the court forbids only the punishment of propensity and pure status.
The Warren Court never issued any decision that interpreted the clause on excessive fines nor concerning cases that challenged lengthy prison sentences. The court heard the case of Oyler v. Boles that challenged which offenders are to be charged under the law on habitual offenders. The court stated that the constitutionality on the laws of habitual offender was not open to stern challenge. In the case of Spencer v. Texas, the court allowed the inclusion of previous crimes in the indictment of habitual offenders. The conclusion of the court was that juries are trustworthy to not reflect the previous crimes as to the innocence or guilt of the current offence. The court was a ...
Pretrial ProceduresAssume a law enforcement officer has probable.docxharrisonhoward80223
Pretrial Procedures
Assume a law enforcement officer has probable cause to arrest a defendant for armed assault, and he also has probable cause to believe that the person is hiding in a third person's garage, which is attached to the house.
· What warrants, if any, does the officer need to enter the garage to arrest the defendant? What if the officer is in hot pursuit of the defendant? What if the defendant is known to be injured and unarmed? Provide evidence to support your answer.
· Formulate a set of circumstances in which there is probable cause to search but not probable cause to arrest or in which there is probable cause to both arrest and to search.
· Mr. A walks into a police station, drops three wristwatches on a table, and tells an officer that Mr. B robbed a local jewelry store 2 weeks ago. Mr. A will not say anything else in response to police questioning. A quick investigation reveals that the three watches were among a number of items stolen in the jewelry store robbery.
· Do the police have probable cause to do any or all of the following?
· Arrest Mr. A
· Arrest Mr. B
· Search Mr. A's home
· Search Mr. B's home
If you answered no to any of the above, explain why in detail. If you answered yes to any of them, draft the complaint or affidavit for a warrant or explain why a warrant is not needed.
Be sure to cite all references in APA format.
Deliverable Length: 4-6 pages
Thesis: Death penalty should be abolished.
Main Point 1: The death penalty is proven unconstitutional.
Main Point 2: The death penalty should be abolished because there no evidence it will reduce crime rates.
Main Point 3: Death penalty causes socio-economic discrimination.
Conclusion: In conclusion, crime is everywhere I think capital should be banned. As it is the violation of human rights.
Vivian J. Woodland
American InterContinental University
English 107
The main point was about the death penalty for killing a 20 year old girl. It was interesting because the victim’s Mother was very sad that her daughter was dead but she was not interested in seeking the death penalty and she was not interested in putting her family through a lengthy legal process. What I found valuable about the case is that The victim’s Mother pleaded with the State of Florida “not to seek the death penalty for her daughters murder because they couldn’t stand putting the family through the trials and lengthy appeals that come with the death penalty cases” (Farah 2013).The case was significant in that the victim’s family thought that the person who killed Shelby “should face the consequences for what he did and be held accountable (Farah 2013) ” and though t that the death penalty in no way honors their daughters memory neither did the killing provide solace to the family. The family thought the death penalty “would inflict additional pain on the family” (Farah 2013). I thought this was significant and I also agree with the family who thought that they want to put it all .
Protecting Defendants
UAB PSC 381 Bill of Rights
Rochin v. California, 342 U.S. 165 (1952)
Schmerber v. California, 384 U.S. 757 (1966)
Griswold v. Connecticut, 381 U.S. 479 (1965)
Loving v. Virginia, 388 U.S. 1 (1967)
Bowers v. Hardick
Lawrence v. Texas, 539 U.S. 558 (2003)
2. A small Florida town was rocked when the
remains of a 2-year old girl identified as Caylee
Anthony were found in the woods near the home
where her mother and grandparents lived. The
girl’s grandmother called 9-1-1 after claiming
she hadn’t seen her granddaughter in 31 days
and her daughter’s behavior seemed strange.
She also reported her daughter’s car smelled
bad.
3. A series of troubling behaviors including being seen
night clubbing in the days following her daughter’s
“kidnapping”/disappearance & the clear scent of
what smelt like a dead human body in her vehicle
made Casey a likely suspect and created probable
cause for police to begin surveying her behavior and
searching her belongings.
Upon lying to police about the “nanny,” her place of
work, and the smell of her car amongst other
evidence led to an arrest warrant for Casey on
charges of first degree murder, child abuse, and
obstruction of a police investigation. (lying to police)
4. Casey had previously cleared $500,000 bail when she was under suspicion
for child neglect and lying to police. She was released back to her parents
home until the body of the girl was found. Once the body had been found
and medical examiners declared the child’s death a homicide – Casey was
again arrested and charged with first degree murder.
Just 2 weeks later she
appeared in court
where a judge denied
her bail and ruled she
must await her next
hearing from a Florida
jail.
5. OCTOBER 14, 2008 –
A Florida grand jury of 16 previously selected
citizens listened to preliminary evidence against
Ms. Anthony and decided that there was enough
evidence to put her on trial. They formally
issued her an indictment.
The indictment formally charged her with first
degree murder, aggravated child abuse, and 4
counts of lying to police.
6. The 22-year old Anthony hired little known
defense attorney Jose Baez to represent her in
court.
Her lawyer immediately went to work and spent
countless hours trying to negotiate a plea
bargain with the attorneys for the prosecution
(state of Florida).
The state felt they had a solid case against Ms.
Anthony and refused to reach a plea deal. Over 90% of
criminal cases end in a plea bargain in which the
defendant admits guilt to lesser charges so that the
highest charges (in this case first degree murder)
would be dropped. No such deal would be struck
here.
7. OCTOBER 28, 2008:
At her arraignment hearing, Casey pled not guilty to
all of the charges on her indictment.
Casey returned to jail await a trial date while
attorneys for both sides began collecting evidence.
The prosecution (state lawyers) announced in April of
2009 they would seek the death penalty.
8. EVIDENCE COLLECTION:
Throughout 2009 and 2010, several search warrants were issued to
search the family’s home, Casey’s car, and the surrounding
property. These warrants were signed by the judge and used by
police at each scene.
Hair matching that of Caylee Anthony, determined to be the hair of
a dead human being was found in the trunk, duct tape recovered at
the crime scene was said to have matched a roll of duct tape in the
family shed, and a blanket found by the child’s body was proven to
be a blanket from the family home shown in earlier photographs of
the child.
Forensic scientists also discovered the presence of a chemical
known as chloroform (used for putting patients to sleep in
hospitals) in Caylee’s system. They also found what appeared to be
the left-over residue of a butterfly sticker under the duct tape of
the child’s mouth that matched a sticker book in the family home.
9. Police next issued a subpoena to confiscate the
Anthony family computer and to order several
witnesses including Casey’s parents, former
boyfriend, and close friends to come forward
and testify in the trial once it began about any
information they had.
Investigators were quite stunned when
they noticed the terms “neck breaking”
and “chloroform” typed into a Google
search engine over 80 times in the
months preceding Caylee’s death.
10. In the spring of 2011, more than 3 years after
Casey’s murder, the jury selection process
began.
Attorneys for the state of Florida (prosecutors)
and Jose Baez, the attorney representing the
defendant (Casey Anthony) began questioning
all of the potential jurors. Both sides wanted to
get a profile on these people and be certain they
would get a group of impartial jurors who would
not enter the case with biases and prejudices.
11. Finally, with a jury now selected the case of the
State of Florida v. Casey Anthony was ready to
begin in a Florida District Court of original
jurisdiction.
Both sides gave compelling opening
arguments and then began the
process of calling up witnesses who
had received subpoenas in the mail
to attend court and testify to what
they knew.
The prosecution went first
by calling up members of
the Florida police
department who found the
body, forensic experts, and
even questioned Casey’s
mother and father.
12. After hearing testimony from the police and
forensic experts, defense attorney Jose Baez
was then able to present the defense’s case.
In the case they poked holes into the
prosecution’s evidence by pointing out that it
was all circumstantial: meaning they could not
physically place Casey at the crime scene or as
the murderer.
They cited sexual abuse by Casey’s
father (never proven) and even
made a vague claim that little
Caylee’s death was an accident in a
pool drowning, caused by no one.
13. In probably the wisest decision as her attorney, Jose Baez elected to
not put Casey Anthony on the witness stand to defend herself.
The Constitution grants every accused American a
series of rights under the 5th Amendment known as
the due process of law which includes the right to an
attorney, jury trial, protection from double jeopardy,
and the right to not have testify against themselves.
14. Both sides had very emotional and powerful
closing arguments to the jury. The
prosecution’s tactic was to show photos of
little Caylee and ask the jurors to add up all
of the pieces of circumstantial evidence.
They asked the jury “Does a
concerned mother wait 31 days to
tell anyone her baby is missing?
“Does a concerned mother go
partying and clubbing while her baby
is supposedly missing?”
They asked the jury
to use their logic and
convict the
defendant of 1st
degree murder so she
could be punished for
the murder of her
daughter.
15. In Jose Baez’s closing argument to the jury he points out
that the American justice system is not designed to look
out just for people who we like…but to look out for all
Americans.
The lack of solid evidence linking his client Casey to the
actual crime scene (no DNA or eye witnesses) and a series
of circumstantial evidence making it impossible to directly
blame Casey for little Caylee’s death.
Baez reminded the jurors that in
America all defendants have the
advantage of “presumption of
innocence.” And that his client must
be considered innocent unless the
state proved her guilt beyond any
reasonable doubt. This of course
means that if even ONE juror could at
all doubt Casey’s guilt, they must
acquit her of all charges.
16. With all arguments having been heard, the judge
gave the final instructions to the petit jury (12
citizens assigned with deciding the guilt or
innocence of the defendant) on what they were
to do after leaving the court room….
The judge reminded them the burden of proof
in this case rested with the state (prosecution)
and they had to prove their case beyond a
reasonable doubt that Ms. Anthony caused the
death of her daughter. Any decision the jurors
reached had to be unanimous amongst all 12.
17. On July 4, 2011, the petit jury headed back to
their private chambers escorted by a security
guard.
In this closed off room, the jurors selected a
head juror to lead the discussion as they
deliberated and debated the evidence
presented by both sides and tried to reach a
final decision.
The fact that a guilty verdict could
result in Ms. Anthony being
sentenced to the death penalty did
influence the decision of many jurors.
18. After a criminal trial that had caused jurors to
be away from their families, without access to
outside media (TV, Internet, Radio, etc.) for
months and an investigation that had been
ongoing for nearly 3 years….
The petit jury reached and delivered its verdict
the following day on July 5, 2011.
19. The chief juror read the verdict in which Casey
Anthony was acquitted of the charges of first
degree murder and aggravated child abuse…
The defendant was convicted (found guilty) of
the lesser four charges of lying to police but
because of time already served in prison, she
would not be sentenced to any further jail time
The Judge reminded Casey and her attorneys that they always
had the option to appeal the court’s decision to a court of
higher jurisdiction if they were not satisfied with the fairness of
the case.
20. Most Americans were baffled by the jury’s
decision to let Casey Anthony walk with the
mounds of evidence that presented against
her….
However, the American legal system under the doctrine
of “presumption of innocence” which requires the
government to prove a defendant’s guilty beyond any
reasonable doubt to ALL 12 jurors makes it very difficult
to get a guilty verdict.
This is a critical component of criminal law –
the legal system that deals with citizens who
violate established laws of their government.