I've read both that Puzzld linked, they are pretty good. There is also a book called Stiff by Mary Roach that covers the Body Farm as well and it's probably one of the best books on that subject.
The Great White concert fire is horrifying. The Station night club, that's the name of it. UGhhhhh.
I'll add that to my must read list. Thank you.Originally Posted by puzzld
"When it comes time to die, let us not discover that we have never lived." ~ Henry David Thoreau
"Our greatest glory is not in never falling but in rising every time we fall. ~ Confucius
What I'm wondering about the gun leading back to her grandparents. Could they of traced the bullet casing to bullets at the grandparents house? I'm sure they didn't check that out and maybe Jodi took the whole box. Just a thought. It's really reaching to try to tie her to it that way, but they probably could.
Do we know this for sure? I've been trying to research it. I found this PDF which suggests that the trial judge can instruct the jury that they can find her guilty of a lesser offense.thats not on the table - she is charged w/ muder 1 and felony murder which is also murder 1 - if the convince the jury of that she skates like casey anthony
In other words, lesser-included instructions are proper if the evidence presented would allow the jury to rationally find that, although the State failed to prove all of the elements of the charged offense, the State succeeded in proving all of the elements of the lesser offense. Valenzuela, 194 Ariz. at 406, 10, 984 P.2d at 14; State v. Malloy, 131 Ariz. 125, 129, 639 P.2d 315, 319 (1981).
?When the record is such that defendant is either guilty of the crime charged or not guilty, the trial court should refuse a lesser included instruction.? State v. Salazar, 173 Ariz. 399, 408, 844 P.2d 566, 575 (1992). In Salazar, the victim was beaten, dragged from her bed, and strangled to death in her home. Salazar was charged with first degree murder, kidnapping, and burglary. At trial, Salazar admitted entering the victim?s home, but denied having anything to do with her death. The jury found Salazar guilty as charged. On appeal, Salazar argued that the trial court should have instructed the jury on second degree murder. The Arizona Supreme Court disagreed, reasoning that Salazar had never claimed, ?I killed the victim, but I did not premeditate killing her.?
The element of premeditation is the factor that distinguishes first degree murder from second degree murder. The court found that the record would not support a second degree murder instruction because, if the jury had accepted Salazar?s version of events, the jury would have returned an outright acquittal rather than convicting him of second degree murder. Salazar, 173 Ariz. at 408, 844 P.2d at 575.
I am DEFINITELY no law expert--but that seems to say that since Jodi has admitted to killing Travis, the judge can instruct the jury to include the lesser offense in their discussions.
Anyone? Lawyers?
Lucky ducky!!!
this is what is listed in her court papers
Jodi Ann Arias 13-1105 (F1) MURDER 1ST DEGREE 6/4/2008
i am pretty sure they can only vote for a lesser crime if they are charged w/ it - that how casey anthony got off - those jurors said that would have given her nurder 2 or manslaughter if she had been charged
Not true about Casey--there was some speculation that the jury didn't UNDERSTAND the instructions, but Judge Perry DID give them the option to rule on second degree murder or manslaughter. Actual text of the instructions is here: http://insession.blogs.cnn.com/2011/...anthony-trial/
INTRODUCTION TO HOMICIDE
In this case, Casey Marie Anthony is accused of Murder in the First Degree, Aggravated
Child Abuse, Aggravated Manslaughter of a Child, and four counts of Providing False Information to a Law Enforcement Officer.
Murder in the First Degree includes the lesser crimes of Murder in the Second Degree,
Manslaughter and Third Degree Felony Murder, all of which are unlawful.
A killing that is excusable or was committed by the use of justifiable deadly force is lawful.
If you find Caylee Marie Anthony was killed by Casey Marie Anthony, you will then consider the circumstances surrounding the killing in deciding if the killing was Murder in the First Degree or was Murder in the Second Degree or Manslaughter or Third Degree Felony Murderwhether the killing was excusable or resulted from justifiable use of deadly force
In either case, Arizona and Florida laws differ. The PDF I linked to suggests that the judge does have this option in Arizona.
What did I miss? I see you guys talking about Jodi is being painted as the victim. By whom?
god i hope your right!! i couldn't follow casy anthony - i was going by an interview of a juror, so they could have sent her for a lessor degree?? they should be shamed of themselves!
this article http://www.myfoxphoenix.com/story/20...fe-behind-bars
can jodi be found guilty of a lessor offence by the jury if it is not listed as one of the charges by the state??
...and more detrimental than the article, the story ran on the news in at least two time slots that I saw last night, 9 and 10; i did not see the earlier news broadcasts. I recommend watching the video in the link to see how sympathectic it was, here in the very city where the trial is, interviewing her jailbird buddies and them telling what a fantastic, caring person she is. About a dozen of them hold up signs that say "free Jodi"! It seems she put her spell on Troy Hayden, the reporter, too. I used to like him but not any more...i posted the channel 10 phone number, and you can also email them or comment on the website at the end of the article.
the way she tried to flirt w/ det flores during her interviews on tape - she must have used it on this reporter and it worked
Yes, but that will be at the judge's discretion. If she finds an offense of a lesser charge warranted she will instruct during jury instructions.
For anyone interested;
http://www.azbar.org/media/58832/sta...inal_instr.pdf
ty!!! it gives me a little more hope!! herps to you11- weird i don't think california does this, or the judges don't take advantage of it
did you find out if the assualt and murder count as 2 different crimes so the felony murder applies yet?
Everything I've read says that 1st degree murder includes the lesser offenses of 2nd degree murder and manslaughter.
So as long as the judge instructs the jury accordingly (which according to that PDF I linked, she SHOULD, as the evidence supports it), the jury should be able to rule on either of those if they feel it's appropriate.
I won't be surprised if it comes back 2nd degree... I think it was premeditated, but I'm not sure they proved that to the jury.
Like I said earlier--if only they could prove that the gun was the one from her grandparents' house...
No, sorry, I'm not sure.
yes the premeditation - i have read that it is either a plan before hand to cover up - to just a moment of reflection during the actual attack - between different states, but i can't find out what it is in arizona
Wouldn't LE have asked her grandparents if they had any bullets? Or even if they used it for practice somewhere that they could retrieve a bullet that went thru the gun?
Thank you!!
...if you can find a good job. We were not so lucky, and just couldn't make it. TN was not kind to us. But if I could live up in the Smoky Mtns, and not have to come down...!
It's AWESOME!
wouldn't there be chain of custody problems if they did that?
So & So, I would love to see it! Anytime you care to tell me about it, feel free! How long did you live in Knoxville? I know someone who lives there, but I never went to visit him.
Harlette, good question. I have no idea. I was thinking out loud, which is always dangerous.
Yeah, the video was bizarre. I was bothered when the one jailbird said if she wouldn't have killed him, Travis would be the one on trial for killing her.
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