NicksQuestions wrote:
Something I actually find interesting is that the law says you don't need to know how and where a victim died for a conviction. You're not actually saying that you can't convict because of something that's not actually required by law?
If it can not be proven in a court of law that...
1. A person has died.
2. The person died at a particular place.
3. The person died at a particular time.
4. The person died due to a specific cause.
5. It can be demonstrated that a specific person (and no other) had the means, the motive, and the opportunity to cause the death of the victim.
5. The accused was present when the victim died, or had access to the victim at the time of death.
6. The accused possessed the means to cause the death
7. The accused had a demonstrable reason (not inferred or implied) to cause the death of the victim.
... then a reasonable doubt has been introduced, and the prosecution must rely instead upon assumption, innuendo, and convoluted chains of reasoning to obtain a conviction. Unfortunately, too may people are convicted on nothing more than assumption, innuendo, convoluted reasoning, and a large degree of prejudiced media influence and public opinion against the accused for his or her race, culture, gender, interests, education, poverty, religion, or just because he or she "looks" guilty.
Has anyone else ever noticed that once a defendant's guilt has been determined in the popular media, everything he or she says or does (or does not say or do), is focused on as de facto "evidence" of the accused person's guilt, not matter what those behaviors may be?
Tattoos, religious icons, silence or lack thereof, clothing, facial expression or lack thereof ... all are cited as proof that the accused committed the crime, when only sworn testimony and valid material evidence are really relevant to the case.
This Casey / Caylee case would turn into an Inquisition or a Witch Trial if the popular media were allowed to try the case.
Fortunately, we have Rule by Law, and not Rule by Mob.