A Second Shot At Casey Anthony: What's All The Double Talk About Double Jeopardy?
July 14th 2011 19:43
Link: www.thejukeboxhero.com
Ever since the astonishing verdict reached last week in the Casey Anthony murder trial, people around the world have vehemently expressed shock and outrage over the jury's decision to acquit Anthony on Florida murder charges related to the death of her 3 year-old daughter, Caylee. This confused, unprepared, inept rag tag collection of jurors, most of whom failed to even take notes during the course of the trial which was full of cryptic forensic evidence, conflicting testimony, and sidebards aplenty, deliberated for a little over 10 hours before reaching its dubious verdict. The head-shaking outrage of the hasty verdict was made even more questionable by the fact that some of the jurors admitted they were confused and in a hurry to finish up with their duties in order to meet their vacation plans and other personal commitments. In other words, in the eyes of the jury, the need to take the time to undergo a patient and reasoned analysis of all the available evidence was trumped by a bigger desire to meet those pressing playtime plans.
Some of the Anthony jurors have since questioned out loud why so many people believe they were incompetent. No, there is no "punch line" to add here.
The JukeboxHero agrees that the verdict in The State of Florida vs Casey Marie Anthony was a travesty of justice given the overwhelming amount of circumstantial evidence and preponderence of common sense needed to conclude that Caylee Anthony's death was no accident, and that there is only one legitimate killer of this small child----and that is Casey Anthony. In the aftermath of this ludicrous verdict, people all over the world have expressed bitter disappointment with the outcome, often ridiculing the American system of justice as a laughingstock. Millions have also manifested their disgruntlement in the form of petitions directed to various leaders of the country, including the United States Attorney for the Middle District of Florida, Robert O'Neill, United States Attorney General, Eric Holder, and even President Barack Obama, requesting that the United States Government try Anthony on Federal criminal charges regarding her despicable actions. The Jukebox Hero has eagerly endorsed the idea of bringing federal charges against Anthony for Murder and Obstruction of Justice as evidenced by last week's article on this blog "The Federal Government Should Prosecute Casey Anthony". The various online petitions in question have amassed thousands and thousands of signatures, as well as adding commentary urging the United States to seek justice for this precious murdered child.
The response to the Petition to try Anthony on federal charges has had its share of detractors as well, some of whom feel repulsed by the notion of exposing Anthony and her attorneys to the rigors of yet another trial. Some people characterize the wide outpouring of outrage over the verdict and the requests to try Anthony in Federal Court as the product of a "mob mentality" or some inordinate obsession with Casey Anthony. One notable CNN TV anchor, Howard Kurtz, blasted his colleagues and the media in general for "going utterly bonkers" with its coverage of the Anthony trial while accusing the media and American public of an unhealthy obsession with Killer Casey. These people cannot understand why anyone would want to see poor little Casey retried again after that rough-and-tumble experience she went through in the Florida court. Some feel the United States Government has no interest in this case sufficient to bother with the time and expense of prosecuting Anthony anew. And then there are the protests coming from many who insist that the Federal Government could not prosecute Anthony because of protections against Double Jeopardy contained in the Fifth Amendment to the United States Constitution. To bring forth federal charges against Casey Anthony, they clammor, would violate her rights to be free from Double Jeopardy, so they conclude there will never be a subsequent indictment against Anthony, or trial based thereon, in Federal Court.
The detractors and opponents of a successive Federal prosecution against Ms Casey have it all wrong though, and below the Jukebox Hero will explain why that is so:
A MOB MENTALITY?
What some misguided people automatically point to as a type of "mob mentality" is actually their refusal to understand how the murder of a small innocent child stirs the passions of a society composed of caring human beings who individually and collectively feel aghast at the notion that a Mother could value her own self-centered party lifestyle over that of the child. The vehement reaction to the Anthony verdict is not the product of some twisted fascination with Casey, as they try to convince us that is the case, but rather a display of genuine angst among civilized people that the child was killed without justice, without the true killer being held accountable for the horrible act. In actuality, it is refreshing and important to the very stability of society that people react in such a fashion because it shows that, We The People, care passionately for the child and are revulsed by the idea that a Mother who is supposed to love and nurture the child, kills the child in order to get the child out of the way in order to further a purely selfish agenda. Just today, a new disturbing story has emerged concerning the murder of a young child in Brooklyn, New York, in a Jewish community where the killer dismembered the body and stored the feet in a freezer. The whole community is up in arms over the child's death, just as one would expect the case to be. So, it's not about Casey Anthony; It is all about an innocent murdered child. Any reasonable person with a modicum of decency harbored in their heart would be outraged, too, by such a despicable act which runs counterclockwise to every maternal instinct of a responsble parent. The "mob" that is accused of having improper motives is, in reality, a manifestation of sentiment for a fallen child, in this case, Caylee Anthony. To that extent, I am proud to be part of this "mob".
THE OBSESSION QUOTIENT.
Detractors claim we who want Casey Anthony prosecuted by Federal authorities are "obsessed" with her and obsessed with the case. As I explained above, we are obsessed alright------we are obsessed with the concept that in the American system of jurisprudence a murdered child should receive the justice for which the system demands pursuant to ideals of our founding fathers. When the system malfunctions like it did in the Florida courtroom, and makes a mockery of the concept of individualized justice, we, The People, are fortunate to have an alternative source for which fair and objective justice can be found. And THAT is something to be obsessed about. But, by the same token, there are those out there who ARE obsessed with Casey Anthony, those who express their love and admiration for her on many online discussion forums and chat sites. These are the ones who are posting things like "We love you Casey" and "I want to marry you, Casey" and "Casey, lets have a baby together" and those who sing and dance and celebrate the fact she managed to elude justice. And, in my opinion, that's not just an obsession: It's a sickness as well.
THE FIFTH AMENDMENT IMPOSES NO BAR ON THE FEDERAL GOVERNMENT TO PROSECUTE CASEY ANTHONY.
Some self-professed legal and non-legal experts proclaim that the Federal Government would be barred from prosecuting Anthony under any available federal statutes due to the Fifth Amendment's prohibitions against multiple prosecutions under the principle of "Double Jeopardy". These people are good about being able to parrot the phrase "double jeopardy" without understanding its true legal ramifications. To recap, Casey Anthony was indicted and tried on murder charges pursuant to the Florida Statute 782.04 (1)(a)(1), a general provision forbidding the unlawful killing of a human being. As we all know now, she was acquitted on murder charges by the jury.
This verdict in the state court in no way prohibits the United States from bringing charges against Anthony for Murder under Ttitle 18, U.S.C., Section 1111, which in one subsection speaks directly to the charge of murdering a child, an element of the offense for which is not mentioned in the applicable Florida statute. It is a well-settled principle of law that the Fifth Amendment's Double Jeopardy Clause does not bar the Federal Government from prosecuting an individual on similar or exact acts formerly tried in a State Court following acquittal or conviction. Bartkus v United States, 359 U.S. 121 (1959); Abbate v United States, 359 U.S. 187 (1959); United States v. Basile, 109 F. 3d 1304 (8th Cir. 1997). This is because of the legal principle of Dual Sovereignty, which freely permits the federal government to prosecute individuals who violate its laws and regulations. The only qualification for which the United States Attorney and ultimately Attorney General, Eric Holder, would have to analyze is whether a successive or subsequent prosecution of Casey Anthony under federal statutes would meet a "compelling federal interest". Some are quick to say this case is of no substance to the Federal Government and they would have no interest in exposing Anthony to the federal murder statutes, but, let's hold on for a second. Not so fast! Because of a many newly-enacted laws designed for the intensified safety and protection of children all across this country, both on the State and Federal levels, it would appear that the United States indeed has a "compelling federal interest" to apply those lofty standards to Caylee Anthony's untimely death in determining who or what caused her death. Moreover, according to the defense's theory in the State case, Casey may have known about the death which is implied to be actually attributable to George Anthony, the Father of Casey, and together they concocted a plan to lie and deceive and ultimately conceal the body elsewhere. Under this set of facts, the Federal Government could realistically charge Casey AND GEORGE with conspiracy to commit murder under Title 18 U.S.C, Section 1117, and also Obstruction Of Justice pursuant to Title 18 U.S.C., Section 1503 in repeatedly lying to federal investigators, including members of NCIS and the FBI. And, lastly, the United States could prosecute Anthony for lying to federal authorities during the course of a criminal investigation. That alone should justify about 100 counts or so.
In United States v Koon, 833 F. Supp 769 (CD Cal 1993), affirmed 34 F. 3d 1416 (1994), Officer Stacy Koon and his partner badly beat Rodney King in a famous event displayed on TV screens across the world. After being acquitted on State charges, Koon and his partner were subsequently tried in federal court for the same acts, convicted, and served time. I would assume the "federal interest" associated in that notable case was no less compelling than finding justice for a small murdered child, especially in light of the huge public outcry with nearly the same intensity and fervor that occurred in Los Angeles' Watts community with respect to the beating of Rodney King.
Having established a solid predicate for the Feds to step in now and do the right thing--- the very thing that will restore faith in the American justice system---- Casey Anthony, once again, should be duly prosecuted for the insidious crime she committed against her small innocent daughter and against the standards of decency that mark a progressive society. The verdict in the Casey Anthony trial set justice back another 100 years of so, and if Eric Holder and the Federal Government is as serious as it claims to be about laws designed to more adequately and more sufficiently protect our country's children, we should expect to see Killer Casey with her phoney baloney tears and pouting mug back in Federal Court to receive the justice for which she should be helfd accountable. Let's put the kibosh on her plans to return to her party-hearty lifestyle.
Some of the Anthony jurors have since questioned out loud why so many people believe they were incompetent. No, there is no "punch line" to add here.
The JukeboxHero agrees that the verdict in The State of Florida vs Casey Marie Anthony was a travesty of justice given the overwhelming amount of circumstantial evidence and preponderence of common sense needed to conclude that Caylee Anthony's death was no accident, and that there is only one legitimate killer of this small child----and that is Casey Anthony. In the aftermath of this ludicrous verdict, people all over the world have expressed bitter disappointment with the outcome, often ridiculing the American system of justice as a laughingstock. Millions have also manifested their disgruntlement in the form of petitions directed to various leaders of the country, including the United States Attorney for the Middle District of Florida, Robert O'Neill, United States Attorney General, Eric Holder, and even President Barack Obama, requesting that the United States Government try Anthony on Federal criminal charges regarding her despicable actions. The Jukebox Hero has eagerly endorsed the idea of bringing federal charges against Anthony for Murder and Obstruction of Justice as evidenced by last week's article on this blog "The Federal Government Should Prosecute Casey Anthony". The various online petitions in question have amassed thousands and thousands of signatures, as well as adding commentary urging the United States to seek justice for this precious murdered child.
The response to the Petition to try Anthony on federal charges has had its share of detractors as well, some of whom feel repulsed by the notion of exposing Anthony and her attorneys to the rigors of yet another trial. Some people characterize the wide outpouring of outrage over the verdict and the requests to try Anthony in Federal Court as the product of a "mob mentality" or some inordinate obsession with Casey Anthony. One notable CNN TV anchor, Howard Kurtz, blasted his colleagues and the media in general for "going utterly bonkers" with its coverage of the Anthony trial while accusing the media and American public of an unhealthy obsession with Killer Casey. These people cannot understand why anyone would want to see poor little Casey retried again after that rough-and-tumble experience she went through in the Florida court. Some feel the United States Government has no interest in this case sufficient to bother with the time and expense of prosecuting Anthony anew. And then there are the protests coming from many who insist that the Federal Government could not prosecute Anthony because of protections against Double Jeopardy contained in the Fifth Amendment to the United States Constitution. To bring forth federal charges against Casey Anthony, they clammor, would violate her rights to be free from Double Jeopardy, so they conclude there will never be a subsequent indictment against Anthony, or trial based thereon, in Federal Court.
The detractors and opponents of a successive Federal prosecution against Ms Casey have it all wrong though, and below the Jukebox Hero will explain why that is so:
A MOB MENTALITY?
What some misguided people automatically point to as a type of "mob mentality" is actually their refusal to understand how the murder of a small innocent child stirs the passions of a society composed of caring human beings who individually and collectively feel aghast at the notion that a Mother could value her own self-centered party lifestyle over that of the child. The vehement reaction to the Anthony verdict is not the product of some twisted fascination with Casey, as they try to convince us that is the case, but rather a display of genuine angst among civilized people that the child was killed without justice, without the true killer being held accountable for the horrible act. In actuality, it is refreshing and important to the very stability of society that people react in such a fashion because it shows that, We The People, care passionately for the child and are revulsed by the idea that a Mother who is supposed to love and nurture the child, kills the child in order to get the child out of the way in order to further a purely selfish agenda. Just today, a new disturbing story has emerged concerning the murder of a young child in Brooklyn, New York, in a Jewish community where the killer dismembered the body and stored the feet in a freezer. The whole community is up in arms over the child's death, just as one would expect the case to be. So, it's not about Casey Anthony; It is all about an innocent murdered child. Any reasonable person with a modicum of decency harbored in their heart would be outraged, too, by such a despicable act which runs counterclockwise to every maternal instinct of a responsble parent. The "mob" that is accused of having improper motives is, in reality, a manifestation of sentiment for a fallen child, in this case, Caylee Anthony. To that extent, I am proud to be part of this "mob".
THE OBSESSION QUOTIENT.
Detractors claim we who want Casey Anthony prosecuted by Federal authorities are "obsessed" with her and obsessed with the case. As I explained above, we are obsessed alright------we are obsessed with the concept that in the American system of jurisprudence a murdered child should receive the justice for which the system demands pursuant to ideals of our founding fathers. When the system malfunctions like it did in the Florida courtroom, and makes a mockery of the concept of individualized justice, we, The People, are fortunate to have an alternative source for which fair and objective justice can be found. And THAT is something to be obsessed about. But, by the same token, there are those out there who ARE obsessed with Casey Anthony, those who express their love and admiration for her on many online discussion forums and chat sites. These are the ones who are posting things like "We love you Casey" and "I want to marry you, Casey" and "Casey, lets have a baby together" and those who sing and dance and celebrate the fact she managed to elude justice. And, in my opinion, that's not just an obsession: It's a sickness as well.
THE FIFTH AMENDMENT IMPOSES NO BAR ON THE FEDERAL GOVERNMENT TO PROSECUTE CASEY ANTHONY.
Some self-professed legal and non-legal experts proclaim that the Federal Government would be barred from prosecuting Anthony under any available federal statutes due to the Fifth Amendment's prohibitions against multiple prosecutions under the principle of "Double Jeopardy". These people are good about being able to parrot the phrase "double jeopardy" without understanding its true legal ramifications. To recap, Casey Anthony was indicted and tried on murder charges pursuant to the Florida Statute 782.04 (1)(a)(1), a general provision forbidding the unlawful killing of a human being. As we all know now, she was acquitted on murder charges by the jury.
This verdict in the state court in no way prohibits the United States from bringing charges against Anthony for Murder under Ttitle 18, U.S.C., Section 1111, which in one subsection speaks directly to the charge of murdering a child, an element of the offense for which is not mentioned in the applicable Florida statute. It is a well-settled principle of law that the Fifth Amendment's Double Jeopardy Clause does not bar the Federal Government from prosecuting an individual on similar or exact acts formerly tried in a State Court following acquittal or conviction. Bartkus v United States, 359 U.S. 121 (1959); Abbate v United States, 359 U.S. 187 (1959); United States v. Basile, 109 F. 3d 1304 (8th Cir. 1997). This is because of the legal principle of Dual Sovereignty, which freely permits the federal government to prosecute individuals who violate its laws and regulations. The only qualification for which the United States Attorney and ultimately Attorney General, Eric Holder, would have to analyze is whether a successive or subsequent prosecution of Casey Anthony under federal statutes would meet a "compelling federal interest". Some are quick to say this case is of no substance to the Federal Government and they would have no interest in exposing Anthony to the federal murder statutes, but, let's hold on for a second. Not so fast! Because of a many newly-enacted laws designed for the intensified safety and protection of children all across this country, both on the State and Federal levels, it would appear that the United States indeed has a "compelling federal interest" to apply those lofty standards to Caylee Anthony's untimely death in determining who or what caused her death. Moreover, according to the defense's theory in the State case, Casey may have known about the death which is implied to be actually attributable to George Anthony, the Father of Casey, and together they concocted a plan to lie and deceive and ultimately conceal the body elsewhere. Under this set of facts, the Federal Government could realistically charge Casey AND GEORGE with conspiracy to commit murder under Title 18 U.S.C, Section 1117, and also Obstruction Of Justice pursuant to Title 18 U.S.C., Section 1503 in repeatedly lying to federal investigators, including members of NCIS and the FBI. And, lastly, the United States could prosecute Anthony for lying to federal authorities during the course of a criminal investigation. That alone should justify about 100 counts or so.
In United States v Koon, 833 F. Supp 769 (CD Cal 1993), affirmed 34 F. 3d 1416 (1994), Officer Stacy Koon and his partner badly beat Rodney King in a famous event displayed on TV screens across the world. After being acquitted on State charges, Koon and his partner were subsequently tried in federal court for the same acts, convicted, and served time. I would assume the "federal interest" associated in that notable case was no less compelling than finding justice for a small murdered child, especially in light of the huge public outcry with nearly the same intensity and fervor that occurred in Los Angeles' Watts community with respect to the beating of Rodney King.
Having established a solid predicate for the Feds to step in now and do the right thing--- the very thing that will restore faith in the American justice system---- Casey Anthony, once again, should be duly prosecuted for the insidious crime she committed against her small innocent daughter and against the standards of decency that mark a progressive society. The verdict in the Casey Anthony trial set justice back another 100 years of so, and if Eric Holder and the Federal Government is as serious as it claims to be about laws designed to more adequately and more sufficiently protect our country's children, we should expect to see Killer Casey with her phoney baloney tears and pouting mug back in Federal Court to receive the justice for which she should be helfd accountable. Let's put the kibosh on her plans to return to her party-hearty lifestyle.
No Soup For You!! Come back, 50 years!!
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Comment by qeylar
Trying To Get The Pieces To Fit
Evidence is required for a conviction. There is no evidence. If there hadn't been such an outcry no prosecutor would have brought such a lame case to court.
Comment by Mindy Hewitt
And, if she WAS murdered---which she was---who did it? Who is the only person with means and motive? Who is the only person that lied and lied and lied about the child's whereabouts for 31 days? Who is the ONLY person to know exactly where the child was? Want a name? CASEY ANTHONY.
If and when the Feds prosecute this depicable woman, all this confusion which has YOU blind will be revealed.
Comment by Hugh Morrisette, Attorney
Comment by qeylar
Trying To Get The Pieces To Fit
Silly me...
I thought she was acquited of murder!
Oh, and BTW....according to the Medical evidence, (don't you just hate the fact that the Courts want evidence and not your feelings?) there was no determination of what killed the child, if the child was killed or died naturally...
you know
that silly thing...cause of death? Yeah, isn't it annoying that Courts need proof of cause of death?
I know how you Americans hate to be annoyed with evidence and justice, I say, form a lynch mob, you've got lots of precedent for that, and lynch Casey Anthony!
Yeah! A
Comment by dancottone
Rootless
I know the rules differ from state to state, but the last time I was on a jury in my state, we were told jurors weren't allowed to take notes. Is it OK in Florida?
Comment by Mason Hart III, Attorney at Law
Comment by LumberJACK
Comment by Jason Lowenstein
Comment by Jared Paniotto
Comment by qeylar
Trying To Get The Pieces To Fit
What evidence is there that the child was murdered?
What connects the mother to the death/murder of the child?
I didn't see those points. Sure we can 'feel' that the mother....or we can skip the necessary logic and claim...'the child didn't wrap herself in duct tape, so the mother must have wrapped her in duct tape..'
If there is a retrail, (forget double jeopardy) the evidence will remain the same.
This is why I felt she'd be acquitted from day one. There simply wasn't the evidence.
Just like with OJ...(although there was some evidence)...however....consid er what happened to OJ...if she's guilty the same thing will happen to her.
Comment by Anonymous
Paparazzi
Comment by Taggard
Comment by Beermeister
Comment by Robert Korman
Comment by RoadGopher
Comment by Lee Patterson
Comment by Anonymous
Comment by AnonymousCeleste
Comment by Anonymous
Comment by Jane Pangello
Comment by Anonymous
Comment by Glenda Burke
Comment by Anonymous
If you want to ignore that a 2 year old was found wrapped in trash bags and a laundry bag from her mother's home-- mouth and nose covered in RARE duct tape from their home state of Ohio, along with her mother living it up for 31 days without reporting the death to authorities, if you want to call that "normal", then I so be it. The body was dumped within walking distance of the home in a place where Anthony used o bury pets. Coincidence? You want more evidence than that? I
In my book, that adds up to hard circumstantial evidence that any logical intelligent person can be led to conclude that CASEY murdered her daughter. In what world is this behavior normal? I'm stumped at the responses in favor of a woman who is without a doubt guilty of killing her child. The coverup theory can be flushed down the toilet due to the FBI agents testimony of the trace of a heart shaped sticked over the mouth on the duct tape. The same stickers were found in Anthony's bedroom, and on stationary in the home. Now why would a kidnapper do that?
America will set an example by prosecuting this criminal federally.
Excellent article.
Comment by Collingsworth
Comment by Anonymous
Comment by Rightous indignation
Comment by Help Caylee
In this case it boggles the mind and soul to even type the word innocent. The only person in this tragedy that was innocent is precious Caylee. She never had a chance and she needs to have a voice, PLEASE ]MR Holder this helpless little child needs to have a voice that will speak for her as not one person in this family had the courage to stand for her.
We have a little of everything in this case, jury ignoring instructions, deliberating prior to instructions, jurors not understanding by their own admission and not asking for clarification, despite Judge Perry bending backwards to meet their needs.
Cindy admitting that she did the searches for the chemicals at home in the face of the fact her IT department stating she was logged on the work server. Even if the 80 searches was a mistake, she still said if there were 80 searches then I did them. Which speaks volumes. Because as we now know there was not that many searches, she did not know that, so she just said she did them becaise she did not know how many searches that Casey did.
If she will not pay her IRS bill can she be charged (jailed) for that also like others that do not pay taxes.
Comment by WoundedSoul
But 98% of the public know a killer got off and justice for Caylee should be undertaken by the Feds. SO WHAT ARE YOU WAITING FOR?????
Comment by MERCY
you resume all the facts of this fake trial!!! thank u for speak in the name of the public. the only thing we want is justice por that poor little girl. ms casey anthony is nothing for us is less than an ant.
Comment by Unbelievable Lies
Comment by Anonymous