Casey Anthony Trial Sheds Light on “Perception Prosecutions”
Weeks after Casey Anthony, the Florida mother accused of murdering her 3 year-old daughter Caylee, was released from prison, the criminal law world is still abuzz about the latest incident of “trial by media”.
Public perception of Anthony’s guilt was apparent at the courthouse and based on the extensive coverage by local, national and international media. Social media networks were abuzz particularly on the day that the verdict was entered exonerating her of felony charges including first degree murder, aggravated child abuse, and aggravated manslaughter of a child charges. The prosecution had sought the death penalty in the case.
At the conclusion of the six week trial, Anthony would be found guilty of four misdemeanor counts of providing false information to a law enforcement officer and sentenced to one year in jail and a $1,000 fine for each count, the maximum punishment possible. With credit for time served and good behavior, she was released nearly a month ago and has not been seen publicly since that time.
The case cast light on many issues facing criminal law in a country where crime has become entertainment and scandal seems to drive media coverage. Now more than ever, traditional media and social networking compete for the hearts and minds of followers and have brought cases that may normally pass through the system without much attention into the spotlight. Reporters, bloggers or your social media acquaintance now become “legal analysts” and many times they ignore some of the realities of the law.
Jurisdiction Matters
No two cases are alike and the outcome of your case very much depends on when and where the crimes were allegedly committed and which charges can be effectively tried. Cases that appear the same on the surface may be quite different based on a number of things including the defendants access to good legal representation, the strength of the evidence presented, the jury selection process and the presence of cameras in the courtroom. Penalties will also vary depending on the law in the jurisdiction so two defendants charged with similar crimes sometimes in the same jurisdiction may have very different outcomes in their cases.
Prosecutors do not typically try cases they do not feel that they can win
This does not mean that they will always win. Prosecutors may seek to present a flawless case, but criminal defense attorneys do the same. The outcome of a trial is always left up to the judge or a jury.
Extensive trial coverage is not typically seen by juries or judges
Some jurisdictions allow cameras in the courtroom and when cases are televised and broadcast nationally, they provide the public with an eye into the proceedings. Public sentiment can grow exponentially but whether it affects the outcome of a trial is unknown. Many judges will provide explicit instructions to jurors to avoid media coverage including watching television, reading newspaper, visiting websites and using social media. Jurors in many cases are sequestered. During the course of a trial they are without cellphones and other electronic devices and are asked to focus exclusively on the trial before them.
Legal Standards are Important to Keep in Mind
There are legal standards that must be met before the conviction stage. Civil cases which involve non-criminal matters have a preponderance of the evidence standard which means that it is more likely than not that the judge or jury can infer that a defendant caused some harm to the plaintiff. In a criminal case, the standard is raised for a number of reasons. A criminal conviction will typically result in some jail time where a defendant loses his or her freedom and in some cases their lives. The prosecution must prove beyond a reasonable doubt that a criminal defendant is guilty in order for a conviction to be in order.
Evidence must be admissible
Contrary to public perception, all evidence collected in a case is not presented in a case or determined to be admissible. Many times evidence may be excluded from a trial due to a number of factors including errors in its collection, its prejudicial nature or its relevance. Issues and circumstances that the general public may feel are indicative of guilt may not hold any weight in a court of law.
A defendant is presumed innocent until proven guilty
As we see in cases like this one, meeting that standard is more difficult than the media may reveal and furthermore when a person’s life is at stake, everyday people have to make difficult decisions, legal strategies are employed to protect a defendant’s rights and the burden of proof is on the prosecution to prove the guilt of the defendant, not the defendant to prove that they are not guilty.
Having proper legal representation is critical
The chances of a favorable outcome in any legal matter whether criminal or civil can be improved when a defendant has competent, experienced counsel by their side. There are virtually no major televised criminal trials where the defendant(s) does not have an established law firm representing their interests, which invariably affects outcomes.
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