Recently, the news broke that Casey Anthony has been shopping around for a TV production, book deal and interviews. Many have since criticized such move as selfish and unconscionable considering the manner of death of her daughter and the allegations against her. Irrespective of what people think, the fact is Casey was not found guilty why? Because the prosecution squashed the case.
Call it mistake or incompetency, the prosecution failed to include the proper charge and the jury found her not guilty of murder in the death of her child Caylee Anthony. The prosecution did overcharged the defendant and not only that, the jury was not given an alternate theory to work with in the case.
Under our legal system, such a case require proof beyond reasonable doubt to convict and the burden of proof rests on the prosecution. The prosecution however, failed to bear that burden.
A lesser charge of child endangerment, misrepresentation, and lying to law enforcement could have helped bring a conviction in the case but rather, Casey was prosecuted in the court of public opinion and the use of character assassination, failed to help the prosecution establish the required burden of proof beyond reasonable doubt.
The fact that Casey Anthony was a bad mother does not make her a murderer at least according to American legal system. The media attempt to prosecute the case by attacking her character did not help either.
There has been no direct evidence to prove the defendant killed her child, this was a case based entirely on circumstancial evidence. By finding the defendant not guilty, our legal system worked the way it is supposed to even though, the public disagree with the verdict.
There is a difference between telling a lie and being guilty of the crime; the American legal system is good at separating both and this case is a classic study.
The prosecution failed to prove intent that is, premeditation and deliberation to commit a homicide; the prosecution was only able to prove beyond reasonable doubt that Casey Anthony was a liar but not a murderer.
There is no doubt something happened that led to the death of an innocent child and only Casey and probably her family know the truth. It is possible Caylee’s death was an accident which may have occurred in the hands of Casey; had the prosecution charged with a lesser crime, she probably would be found guilty of some form of negligence but not murder.
irrespective of what the court of public opinion says, the prosecution has failed its burden as recognized by our legal system and therefore, the defendant walks and is free to earn a living just like every free citizen.
Your comments are welcome on Adeyemi Oshunrinade blog.
Categories: Criminal Law
Gettysburg Institute Post 
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