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    Casey Anthony - another capital case

    Post by Guest on Tue May 11, 2010 5:04 pm

    http://www.cnn.com/2010/CRIME/05/11/florida.casey.anthony.death/index.html?hpt=T2
    Judge: Death penalty not sexist in Anthony case

    By Jean Casarez, In Session
    cnnAuthor = "By Jean Casarez, In Session";


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    April 7, 2010 1:01 p.m. EDT


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    Casey Anthony teared up in court when her lawyer said her slain daughter had been happy and healthy.










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    STORY HIGHLIGHTS


    • NEW: Judge declines to take death penalty off table in Anthony case
    • Defense failed in arguments that death penalty was sexist, unconstitutional
    • Casey Anthony is accused of killing her daughter, Caylee, in 2008
    • Anthony has pleaded not guilty; her murder trial is set for May 2011





    var cnnRelatedTopicKeys = [];

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    (CNN) -- Casey Anthony will face the death penalty, a Florida judge ruled, rejecting defense arguments that capital punishment in her murder case was sexist and unduly harsh.
    Judge Belvin Perry Jr. also rejected defense arguments that prosecutors were seeking the death penalty as a means to bankrupt Anthony's defense.
    The judge did grant one defense request -- that prosecutors disclose evidence supporting the aggravating factors they intend to cite if Anthony is convicted of premeditated murder and they ask jurors to return a death sentence.
    In death penalty cases, jurors are asked to weigh aggravating circumstances that make a crime especially heinous against mitigating factors that favor the defendant, such as a lack of prior offenses.
    Anthony, 24, is accused of killing her daughter, Caylee, who was 2 when she disappeared in June 2008. Caylee's body was found that December in a vacant lot near the Orlando, Florida, home where she lived with her grandparents.
    Casey Anthony's trial is scheduled to begin on May 9, 2011.
    The defense maintains that prosecutors had originally said they would not seek death in the Anthony case but reversed that position in March 2009 when they learned that Anthony had $205,000 for her defense.
    The bulk of the money came from ABC News for the licensing of photos and videos, Baez testified during a previous hearing.
    "The court has the authority to bar the death penalty where the prosecution exercises its discretion in bad faith, for impermissible motives and in order to prevent the defendant from exercising her constitutional rights," the defense argued in court papers.
    Judge Perry denied the motion, saying that judges are prohibited under Florida law from interfering with the state's decision to seek death. Although one exception includes circumstances in which bad faith can be documented, Perry said Anthony's defense had not proven bad faith.
    The defense also argued that prosecutors sought the death penalty against Anthony because she is a woman, and that focusing on Anthony's lifestyle before she was arrested is gender bias.
    Defense witness Elizabeth Rapaport, a University of New Mexico law professor and author, testified that the lifestyles of white middle-class mothers charged with killing their children receive much more media attention than those of defendants in other cases.
    Under questioning by Anthony attorney Andrea Lyon, a nationally know death penalty expert, Rapaport said a mother perceived as "deviant" by a jury has a more difficult time defending herself.
    Anthony teared up when Lyon noted in court that that despite her client's "party girl" reputation in the media, most of the witnesses have acknowledged that "Caylee was happy and healthy."
    "Do you have any evidence that there is gender bias in this case?" prosecutor Jeff Ashton asked Rapaport in cross-examination. The witness responded that she didn't know much about this case and had only read a few press reports.
    The defense argued that Anthony is facing more serious charges and harsher punishment than a man in the same position would receive.
    Responding to Ashton's questions, Rapaport said that that men who kill their children usually are acting in a rage.
    Women, Ashton argued, tend to premeditate a child's killing and have underlying psychological issues. Cases in which women kill without evidence of psychological disturbance are rare, he added.

    "In my 30 years" as a prosecutor, Ashton said, "this is the first time we have had the evidence for the jury to determine if death is the appropriate penalty."

    Guest
    Guest

    Re: Casey Anthony - another capital case

    Post by Guest on Tue May 11, 2010 5:11 pm

    So what do you think? Should this be a capital case? Should all murders be a capital crime? If yes to some and no to others how do we make that determination? Should any crime warrant the death penatly?

    Guest
    Guest

    Re: Casey Anthony - another capital case

    Post by Guest on Tue May 11, 2010 5:19 pm

    I'll go first since I started the post. I think we should not execute anyone for any crime. Attached is a list of 138 people sentenced to die in the US that were later found not guilty. There are 138 people only since the 1973. Of course anyone in favor of capital punishment advocates ONLY executing guily people. It is important to note though that when these 138 were convicted, the jury was pretty sure they did it. The system is only ever as good as the sum of the people working in it and people make mistakes. There are provision to correct these mistakes in most cases. There is no way to un ring the bell once someone has been executed.

    Last case added November 3, 2009
    For Inclusion on DPIC's Innocence List:
    Defendants must have been convicted, sentenced to death and subsequently either-
    a) their conviction was overturned AND
    i) they were acquitted at re-trial or
    ii) all charges were dropped

    b) they were given an absolute pardon by the governor based on new evidence of innocence.


    For a fuller description of the criteria used in this list and the reasons why these criteria were chosen, see Section V of DPIC's most recent Innocence Report. See also an excerpt below from an article in the Baltimore Sun by Dan Rodricks regarding the use of the term "exonerated."

    The list includes cases in which the release occurred 1973 or later.



























































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































    NR*
    NAME
    ST
    RACE
    CONVICTED
    EXONERATED
    YEARS BETWEEN
    REASON
    DNA **
    1David KeatonFLB197119732Charges Dismissed
    2Samuel A. PooleNCB197319741Charges Dismissed
    3Wilbert LeeFLB1963197512Pardoned
    4Freddie PittsFLB1963197512Pardoned
    5James CreamerGAW197319752Charges Dismissed
    6Christopher SpicerNCB197319752Acquitted
    7Thomas GladishNMW197419762Charges Dismissed
    8Richard GreerNMW197419762Charges Dismissed
    9Ronald KeineNMW197419762Charges Dismissed
    10Clarence SmithNMW197419762Charges Dismissed
    11Delbert TibbsFLB197419773Charges Dismissed
    12Earl CharlesGAB197519783Charges Dismissed
    13Jonathan TreadwayAZW197519783Acquitted
    14Gary BeemanOHW197619793Acquitted
    15Jerry BanksGAB197519805Charges Dismissed
    16Larry HicksINB197819802Acquitted
    17Charles Ray GiddensOKB197819813Charges Dismissed
    18Michael LinderSCW197919812Acquitted
    19Johnny RossLAB197519816Charges Dismissed
    20Ernest (Shujaa) GrahamCAB197619815Acquitted
    21Annibal JaramilloFLL198119821Charges Dismissed
    22Lawyer JohnsonMAB1971198211Charges Dismissed
    23Larry FisherMSW198419851Acquitted
    24Anthony BrownFLB198319863Acquitted
    25Neil FerberPAW198219864Charges Dismissed
    26Clifford Henry BowenOKW198119865Charges Dismissed
    27Joseph Green BrownFLB1974198713Charges Dismissed
    28Perry CobbILB197919878Acquitted
    29Darby (Williams) TillisILB197919878Acquitted
    30Vernon McManusTXW1977198710Charges Dismissed
    31Anthony Ray PeekFLB197819879Acquitted
    32Juan RamosFLL198319874Acquitted
    33Robert WallaceGAB198019877Acquitted
    34Richard Neal JonesOKW198319874Acquitted
    35Willie BrownFLB198319885Charges Dismissed
    36Larry TroyFLB198319885Charges Dismissed
    37Randall Dale AdamsTXW1977198912Charges Dismissed
    38Robert CoxFLW198819891Charges Dismissed
    Timothy HennisNCW198619893Acquitted, but later resentenced
    39James RichardsonFLB1968198921Acquitted
    40Clarence BrandleyTXB198119909Charges Dismissed
    41John C. SkeltonTXW198319907Acquitted
    42Dale JohnstonOHW198419906Charges Dismissed
    43Jimmy Lee MathersAZW198719903Acquitted
    44Gary NelsonGAB1980199111Charges Dismissed
    45Bradley P. ScottFLW198819913Acquitted
    46Charles SmithINB198319918Acquitted
    47Jay C. SmithPAW198619926Acquitted
    48Kirk BloodsworthMDW198419939Charges DismissedYes
    49Federico M. MaciasTXL198419939Charges Dismissed
    50Walter McMillianALB198819935Charges Dismissed
    51Gregory R. WilhoitOKW198719936Acquitted
    52James RobisonAZW1977199316Acquitted
    53Muneer DeebTXO198519938Acquitted
    54Andrew GoldenFLW199119943Charges Dismissed
    55Adolph MunsonOKB1985199510Acquitted
    56Robert Charles CruzAZL1981199514Acquitted
    57Rolando CruzILL1985199510AcquittedYes
    58Alejandro HernandezILL1985199510Charges DismissedYes
    59Sabrina ButlerMSB199019955Acquitted
    60Joseph BurrowsILW198919967Charges Dismissed
    61Verneal JimersonILB1985199611Charges DismissedYes
    62Dennis WilliamsILB1979199617Charges DismissedYes
    63Roberto MirandaNVL1982199614Charges Dismissed
    64Gary GaugerILW199319963Charges Dismissed
    65Troy Lee JonesCAB1982199614Charges Dismissed
    66Carl LawsonILB199019966Acquitted
    67David Wayne GrannisAZW199119965Charges Dismissed
    68Ricardo Aldape GuerraTXL1982199715Charges Dismissed
    69Benjamin HarrisWAB1985199712Charges Dismissed
    70Robert HayesFLB199119976Acquitted
    71Christopher McCrimmonAZB199319974Acquitted
    72Randall PadgettALW199219975Acquitted
    73James Bo CochranALB1976199721Acquitted
    74Robert Lee Miller, Jr.OKB1988199810Charges DismissedYes
    75Curtis KylesLAB1984199814Charges Dismissed
    76Shareef CousinLAB199619993Charges Dismissed
    77Anthony PorterILB1983199916Charges Dismissed
    78Steven SmithILB1985199914Acquitted
    79Ronald WilliamsonOKW1988199911Charges DismissedYes
    80Ronald JonesILB1989199910Charges DismissedYes
    81Clarence Dexter, Jr.MOW199119998Charges Dismissed
    82Warren Douglas ManningSCB1989199910Acquitted
    83Alfred RiveraNCL199719992Charges Dismissed
    84Steve ManningILW199320007Charges Dismissed
    85Eric ClemmonsMOB1987200013Acquitted
    86Joseph Nahume GreenFLB199320007Charges Dismissed
    87Earl WashingtonVAB1984200016PardonedYes
    88William NievesPAL199420006Acquitted
    89
    Frank Lee Smith - died prior to exonerationFLB19862000 **14Charges DismissedYes
    90
    Michael GrahamLAW1987200013Charges Dismissed
    91Albert BurrellLAW1987200013Charges Dismissed
    92Oscar Lee MorrisCAB1983200017Charges Dismissed
    93Peter LimoneMAW1968200133Charges Dismissed
    94Gary DrinkardALW199520016Charges Dismissed
    95Joaquin Jose MartinezFLL199720014Acquitted
    96Jeremy SheetsNEW199720014Charges Dismissed
    97Charles FainIDW1983200118Charges DismissedYes
    98Juan Roberto MelendezFLL1984200218Charges Dismissed
    99Ray KroneAZW1992200210Charges DismissedYes
    100Thomas Kimbell, Jr.PAW199820024Acquitted
    101Larry OsborneKYW199920023Charges Dismissed
    102Aaron PattersonILB1986200317Pardoned
    103Madison HobleyILB1987200316Pardoned
    104Leroy OrangeILB1984200319Pardoned
    105Stanley HowardILB1987200316Pardoned
    106Rudolph HoltonFLB1986200316Charges Dismissed
    107Lemuel PrionAZW199920034Charges Dismissed
    108Wesley QuickALW199720036Acquitted
    109John ThompsonLAB1985200318Acquitted
    110Timothy HowardOHB1976200326Charges Dismissed
    111Gary Lamar JamesOHB1976200326Charges Dismissed
    112Joseph AmrineMOB1986200317Charges Dismissed
    113Nicholas YarrisPAW1982200321Charges DismissedYes
    114Alan GellNCW199820046Acquitted
    115Gordon SteidlILW1987200417Charges Dismissed
    116Laurence AdamsMAB1974200430Charges Dismissed
    117Dan L. BrightLAB199620048Charges Dismissed
    118Ryan MatthewsLAB199920045Charges DismissedYes
    119Ernest Ray WillisTXW1987200417Charges Dismissed
    120Derrick JamisonOHB1985200520Charges Dismissed
    121Harold WilsonPAB1989200516Acquitted
    122John BallardFLW200320063Acquitted
    123Curtis McCartyOKW1986200721Charges DismissedYes
    124Michael McCormickTNW1987200720Acquitted
    125Jonathon HoffmanNCB1995200712Charges Dismissed
    126Kennedy BrewerMSB1995200813Charges DismissedYes
    127Glen ChapmanNCB1994200814Charges Dismissed
    128Levon JonesNCB1993200815Charges Dismissed
    129Michael BlairTXO1994200814Charges DismissedYes
    130Nathson FieldsILB1986200923Acquitted
    131Paul HouseTNW1986200923Charges Dismissed
    132Daniel Wade MooreALW200220097Acquitted
    133 Ronald KitchenILB1988200921Charges Dismissed
    134Herman LindseyFLB200620093Acquitted
    135Michael ToneyTXW1999200910Charges Dismissed
    136Yancy DouglasOKB1995200914Charges Dismissed
    137Paris PowellOKB1997200912Charges Dismissed
    138Robert SpringsteenTXW200120098Charges Dismissed
    Average number of years between being sentenced to death and exoneration: 9.8 years
    Number of cases in which DNA played a substantial factor in establishing innocence: 17


    *
    The list is ordered by the year of the inmate's release. Occaionally new cases of earlier releases are discovered. Thus, the number assigned to a person above may differ from his or her number in various published DPIC reports.

    **DPIC refers to the Innocence Project's (Cardozo Law School, NY) criteria for whether a post-conviction exoneration was the result of DNA testing.

    The Innocence Project requires that both:
    a) DNA testing played a role in the defendant's reversal, AND

    b) the results of the testing were central to the inmate's defense and to the identity of the perpetrator.


    Sources: DPIC uses a number of resources when adding cases to the above list, including court opinions, media coverage, and conversations with those directly involved in the cases. The earlier cases in the list are based heavily on the research of Hugo Adam Bedau and Michael L. Radelet. (See, e.g., Hugo Bedau and Michael Radelet, "Miscarriages of justice in potentially capital cases," 40 Stanford Law Review 21 (1987); M.Radelet, H. Bedau, and C. Putnam, In Spite of Innocence, Northeastern University Press (1992); see also M. Radelet et al., "Prisoners released from death rows since 1970 because of doubts about their guilt," 13 Thomas M. Cooley Law Review 907 (1996)).



    Use of the term "exonerated": Columnist Dan Rodricks of the Baltimore Sun asked DPIC about its list of exonerated individuals. DPIC's Executive Director Richard Dieter responded, and that response was reprinted in Mr. Rodricks' column, July 5, 2009:
    With respect to your question about our list of exonerated individuals, we use very strict and objective criteria for inclusion of cases on this list. Basically, the list is determined by the decisions of courts and prosecutor offices, not by our subjective judgment. As we state in a number of places on our Web site and in our reports, the criteria for inclusion on the list is:

    Defendants must have been convicted, sentenced to death and subsequently either- a) their conviction was overturned AND

    i) they were acquitted at re-trial or

    ii) all charges were dropped

    b) they were given an absolute pardon by the governor based on new evidence of innocence.
    The list includes cases where the release occurred in 1973 or later, which was the time that states resumed sentencing people to death after the U.S. Supreme Court had struck down the death penalty. The list originated from a request from Congress asking us to identify the risks that innocent people might be executed. The original list that we prepared was published as a Staff Report of the House Subcommittee on Civil and Constitutional Rights. The list has been favorably referred to by Justices of the U.S. Supreme Court and other federal courts, as well as by many public officials around the country.

    We believe the term "exonerated" is entirely appropriate to refer to the individuals on this list, which now numbers 133 individuals. Exonerate means to clear, as of an accusation, and seems to come from the Latin "ex" and "onus" meaning to unburden. That is precisely what has occurred in these cases. The defendants were convicted, given a burden of guilt, and then that burden was lifted when they were acquitted at a re-trial or the prosecution dropped all charges after the conviction was reversed. These are not individuals who received a lesser sentence or who remained guilty of a lesser charge related to the same set of circumstances. All guilt was lifted by the same system that had imposed it in the first place. Our justice system is the only objective source for making such a determination.

    This notion of innocence, that an individual is innocent unless proven guilty, is a bedrock principle of our constitution and our societal protection against abusive state power. One does not lose the status of innocence merely because a prosecutor or other individuals retain a suspicion of guilt. Of course, it is true that this list makes no god-like determination of knowing exactly what happened in the original crime. Such perfect knowledge of past events is impossible, either to absolutely prove that a person did or did not do an act. We do not try to make a subjective judgment of what we think happened in the crime. We are merely reporting that in a great many cases the justice system convicted an individual and sentenced them to death, but when the process that arrived at that conclusion was reviewed, the conviction and sentence were thrown out. The individual, who often came close to execution, could not even be convicted of a traffic violation. Surely, that should be a cause of concern in applying the death penalty.
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    Kay

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    Re: Casey Anthony - another capital case

    Post by Kay on Tue May 11, 2010 5:35 pm

    I do not think we should have the death penalty, for different reasons: we do not have the right to take a life, life imprisonment is worse than a painless death, sometimes innocent people are convicted, etc.

    But how do you feel about someone who wants the death penalty? Would you fight to have the death penalty withheld? I mean if the convicted person wants to be executed rather than imprisoned.

    Guest
    Guest

    Re: Casey Anthony - another capital case

    Post by Guest on Tue May 11, 2010 6:32 pm

    I am opposed to capital punishment in all cases even if the convicted person wants to die. Life in prison would be terrible. I could imagine a scenario where someone would rather be dead. I just don't believe that it should be up to them.
    .
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    AndresEscobar

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    Re: Casey Anthony - another capital case

    Post by AndresEscobar on Tue May 11, 2010 7:18 pm

    Scott wrote:I am opposed to capital punishment in all cases even if the convicted person wants to die. Life in prison would be terrible. I could imagine a scenario where someone would rather be dead. I just don't believe that it should be up to them.
    .

    And, you can derive that rule from the supreme court "right to die" cases.
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    ziggy

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    Re: Casey Anthony - another capital case

    Post by ziggy on Tue May 11, 2010 7:51 pm

    I believe each state should decide how they want to proceed with this. The system should certainly be improved to insure that innocent people are not put to death and now with DNA and stronger scientific evidence improvements are being made.

    I have no problem with the death penalty. It is up to the states.

    I think Ms. Lyon's gender biased argument was total hooey.
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    tapu

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    Re: Casey Anthony - another capital case

    Post by tapu on Tue May 11, 2010 8:28 pm

    I tend toward states' rights in general, but in this instance I think we should get rid of the death penalty nationally. For all the reasons stated and just because.... for god's sake, the death penalty?? Are we still there when we know that a million factors affect it? Let's get civilized.

    LWOP is good enough to me.
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    ziggy

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    Re: Casey Anthony - another capital case

    Post by ziggy on Tue May 11, 2010 8:48 pm

    LWOP would have to be more restrictive before I would support it.

    Guest
    Guest

    Re: Casey Anthony - another capital case

    Post by Guest on Tue May 11, 2010 9:24 pm

    VA has life without parole and I don't know of any cases where someone serving such a sentence was released. There is a similar law in CA. I read that ALL states except Alaska have some life without parole provision in their law. Ziggy, do you know of any cases where someone was given life without parole then later released?
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    claudicici

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    Re: Casey Anthony - another capital case

    Post by claudicici on Wed May 12, 2010 1:36 am

    ...I also think the "gender biased" argument Ms.Lyons brought up made sense....just by reading in Websleuths about the case I see there are a lot of people prosecuting Casey for being a "non conventional mom" instead of for the crime she (well,I do think she did it) commited...the expert that talked brought up the Darlie Routier case and I think that was a great example of what happened there...Darlier Routier is on death row and I don't think it was proven beyond a doubt at all that she's the one that killed her children,going back to websleuths when you bring that up there ,they're all like "read the transcripts,read the transcripts" I read the transcripts and all they prove to me is how "gender biased" that trial was,it was a complete character assasination of Darlie Routier and I believe she mostly got convicted because of this,not the actual evidence....as much as I do think Casey Anthony is guilty she should be able to get a fair trial...and of course I'm against the death penalty in any case but I think in her case it barely even classifies as a death penalty case within the law....and I do think the humangous media attention ( which is no doubt gender AND race biased) plays a big role in even going for the death penalty....oh and about if someone who would prefer the death penalty,I'm with Scott ,I don't think that should be up to the convicted person.....now I do support the right to die ,the right for assisted suicide for someone with a terminal disease,I do believe that person should have the right to choose that option....
    ....oh one more thing,was anyone else completely freaked out by the long white screen before it got to the long list of people that were exonerated? Did you do that for dramatic effect Scott ...it worked for me...I was almost in a complete trance after the long white and then that list hits even harder !
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    ziggy

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    Re: Casey Anthony - another capital case

    Post by ziggy on Wed May 12, 2010 3:08 am

    Scott wrote:VA has life without parole and I don't know of any cases where someone serving such a sentence was released. There is a similar law in CA. I read that ALL states except Alaska have some life without parole provision in their law. Ziggy, do you know of any cases where someone was given life without parole then later released?

    No I don't. But lifers tend to marry and have children etc. I can't support that.

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    Re: Casey Anthony - another capital case

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