“THE EFFECTS OF FREEDOM OF SPEECH IN CRIMINAL CASES”
Table of Contents
The Casey Anthony case
The O.J. Simpson case
Reasons why the two cases appeal to the mass
The complex issues surrounding the cases
Lack of evidence to convict the defendants
Casey Anthony case
O.J. Simpson case
Where are Casey Anthony and O.J. Simpson now?
Section I. Cases
State v. Casey Anthony
ISSUE: Whether Casey Anthony (defendant) murdered her 2-year old daughter, Caylee Anthony? RULE: Fifth Amendment “ No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, .., nor be deprived of life, liberty, or property, without due process of law; ... “ ANALYSIS: The prosecution sought the death penalty and alleged the defendant murdered her daughter by administering chloroform, then applying duct tape, because she wanted to free herself from parental responsibilities. The defendant pleaded “not guilty” to the murder charge. The defense team, countered that the child had drowned accidentally in the family's swimming pool and that the defendant lied about this and other issues because of a dysfunctional upbringing, which they said included sexual abuse by her father. The prosecution presented four-hundred pieces of evidence, but every piece of evidence was challenged by the defense team. The prosecution called 59 witnesses for 70 different testimonies, whereas, the defense called 47 witnesses for 63 different testimonies. The prosecution failed to show solid evidence to prove that the defendant was guilty of the alleged crime beyond reasonable doubt. CONCLUSION: The defendant was acquitted of first-degree murder, aggravated manslaughter, and aggravated child abuse, but was found guilty on four misdemeanor counts of providing false information to a law enforcement officer. The court sentenced the defendant to one year in the county jail and $1,000 in fines for each of the four counts of providing false information to a law enforcement officer. Furthermore, the court ruled that the defendant must pay $217,000 to the state of Florida to pay those costs directly related to lying to law enforcement about the death of Caylee, including search costs up only up to September 30, 2008, when the Sheriff's Office stopped investigating a missing-child case.  B.
State v. Orenthal James (O.J.) Simpson
ISSUES: Whether O.J. Simpson (defendant) murdered his ex-wife Nicole Brown and her friend Ronald Goldman? RULE: Fifth Amendment “ No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, .., nor be deprived of life, liberty, or property, without due process of law; ... “ Sixth Amendment states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, ...” ANALYSIS: Since Simpson wanted a speedy trial, the defense and prosecuting attorneys worked around the clock for several months to prepare their case. Prosecution argued that the defendant killed his ex-wife in a jealous rage. The prosecution presented the following evidences to show Simpson's culpability: the bloody glove, bloody socks, blood in and on the defendant’s vehicle. However, the defense was able to persuade the jurors that there was reasonable doubt about the DNA evidence, including that the blood-sample evidence had allegedly been mishandled by lab scientists and technicians; and about the circumstances surrounding other exhibits (the bloody socks and gloves and blood found in and on the Bronco was discovered by Los Angeles Police Detective Mark Fuhrman who was later charged with perjury). The defense team argued that the defendant was the victim of police fraud and what they termed as sloppy internal procedures that contaminated the DNA evidence....
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