What's next for Casey Anthony trial after defense rests?
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What's next for Casey Anthony trial after defense rests?
ORLANDO --
What happens after Casey Anthony's defense team wraps up?
Rebuttal
Rebuttal After the defense finishes its’ case the prosecutors may have the opportunity to present a brief rebuttal case. The state does not have to put a rebuttal case on, and in most cases it does not. Nor does the judge have to allow a rebuttal phase. A rebuttal case, is where the state has the opportunity to present evidence which it did not present before which rebuts the defense’s evidence.
Surrebuttal
If the prosecutor is allowed to offer evidence to rebut the defense case, the defense may be allowed to present surrebuttal. During Surrebuttal the defense would be allowed to present limited evidence which goes only to refuting the evidence the state just presented in the rebuttal portion of the case. Whether a defendant is allowed to present evidence in surrebuttal is discretionary with the court. It is rare surrebuttal is attempted.
Judgment of acquittal
Once all evidence has been presented the defense will renew its motion for judgment of acquittal:
The standard in a judgment of acquittal is whether when the judge views the evidence in the light most favorable to the State, he believes a rational trier of fact could find the existence of the each of the elements of each crime charged beyond a reasonable doubt. If so he should deny the motion to acquit. If any of the elements of each charge is not proven he should dismiss that charge. sufficient evidence exists to sustain a convict. However, in a case like the Anthony case, if the State's evidence is wholly circumstantial, not only must there be sufficient evidence establishing each element of the offense, but the evidence must also exclude each reasonable hypothesis of innocence. “The evidence must “lead ‘to a reasonable and moral certainty that the accused and no one else committed the offense charged. It is not sufficient that the facts create a strong probability of, and be consistent with, guilt. They must be inconsistent with innocence.’"
If the state has not met its burden as to each element the judge should dismiss the charge.
If the court grants a judgment of acquittal as to any single count. That count is dismissed. All remaining charges will go to the jury for decision.
Charging conference
The Jury is responsible for applying the evidence to the law and deciding whether the Ms. Anthony should be found guilty of each charge. The law is explained to the jury by the judge reading and then providing a set of jury instructions to the jury. In Florida there is a set of Standard Jury instructions which is prepared by a committee of The Florida Bar, and approved by the Florida Supreme Court. During the Charging Conference the judge will decide which jury instructions are going to be read to the jury. In deciding the applicable jury instructions the judge will hear arguments from attorneys outside the presence of the jury.
Closing arguments
After the jury instructions are read to the jury, one attorney for each side will be allowed to stand up and make a closing argument. In the closing argument each side attempts to explain the evidence in the manner most advantageous to their client. The state gets to give its closing argument first, followed by the defense. After the defense gives its closing argument the state gets one more chance to stand up, and rebut the argument the defense just provided. The rebuttal closing is supposed to cover only the argument the defense provided and not rehash the state’s entire argument. Lawyer’s refer to the order of the argument as the state having the “sandwich” because the state gets to wrap its arguments around the defense’s argument.
Jury instructions
After both parties finish their closing argument the judge will read the jury instructions agreed upon at the charging conference to the jury. Each juror will also be given a copy of the instructions.
Jump to: Jury instructions, murder charges explained
Jury retires
Once the jury is instructed on the law, the judge allows the permanent jurors to go back to the jury room. All alternate jurors will either be dismissed or the judge will keep them separate from the 12 permanent jurors while the permanent jurors deliberate. The judge will most likely dismiss the alternate jurors. The jurors do not know which jurors are alternates until the judge separates them as the permanent jurors retire to deliberate.
All of the evidence introduced in the case is allowed to go back into the jury room with the jury so they can review it if they wish. Once they enter the jury room the first job of the jury is to select a foreman. The Foreman is similar to a chairman of a committee, her or his vote does not count anymore than any other juror but the foreman is in charge of organizing and chairing the deliberations. The jury will remain in the jury room deciding the case, until one of two things happen as to all charges. All 12 jurors reach a verdict on each count, or they determine they cannot reach a verdict on each count, after deliberating and trying their best. A verdict can be either guilty or not guilty. The jury is not responsible for determining whether Ms. Anthony is guilty. The jury may reach a verdict on some counts or charges and not reach a verdict on others. On any count the jury cannot reach a unanimous verdict, the jury is said to be “hung” on that count and a mistrial will be granted as to that county.
Sentencing
A. If Ms. Anthony Is Found Guilty of First Degree Murder: There will be an additional phase of presentation of evidence. This phase is called the penalty phase. In the penalty phase each side will attempt to persuade the jury to vote for or against the death penalty. Unlike the guilt phase of the trial the vote on the death penalty does not have to be unanimous. Each juror casts a single vote.
During the penalty phase the state will present evidence and argument on what is referred to as “aggravators.” Aggravators are reasons which Florida law allows a jury to determine that the facts of the case are so bad that Ms. Anthony should receive the death penalty. The death penalty in Florida is not to be imposed in all First Degree Murders. Instead it is only to be imposed in the worst of the worst First Degree Murders. The aggravators only include the reasons included in the Florida Death Penalty Statute.
read more : http://www.cfnews13.com/article/news/2011/june/271806/What-happens-after-Casey-Anthony-defense-rests
What happens after Casey Anthony's defense team wraps up?
Rebuttal
Rebuttal After the defense finishes its’ case the prosecutors may have the opportunity to present a brief rebuttal case. The state does not have to put a rebuttal case on, and in most cases it does not. Nor does the judge have to allow a rebuttal phase. A rebuttal case, is where the state has the opportunity to present evidence which it did not present before which rebuts the defense’s evidence.
Surrebuttal
If the prosecutor is allowed to offer evidence to rebut the defense case, the defense may be allowed to present surrebuttal. During Surrebuttal the defense would be allowed to present limited evidence which goes only to refuting the evidence the state just presented in the rebuttal portion of the case. Whether a defendant is allowed to present evidence in surrebuttal is discretionary with the court. It is rare surrebuttal is attempted.
Judgment of acquittal
Once all evidence has been presented the defense will renew its motion for judgment of acquittal:
The standard in a judgment of acquittal is whether when the judge views the evidence in the light most favorable to the State, he believes a rational trier of fact could find the existence of the each of the elements of each crime charged beyond a reasonable doubt. If so he should deny the motion to acquit. If any of the elements of each charge is not proven he should dismiss that charge. sufficient evidence exists to sustain a convict. However, in a case like the Anthony case, if the State's evidence is wholly circumstantial, not only must there be sufficient evidence establishing each element of the offense, but the evidence must also exclude each reasonable hypothesis of innocence. “The evidence must “lead ‘to a reasonable and moral certainty that the accused and no one else committed the offense charged. It is not sufficient that the facts create a strong probability of, and be consistent with, guilt. They must be inconsistent with innocence.’"
If the state has not met its burden as to each element the judge should dismiss the charge.
If the court grants a judgment of acquittal as to any single count. That count is dismissed. All remaining charges will go to the jury for decision.
Charging conference
The Jury is responsible for applying the evidence to the law and deciding whether the Ms. Anthony should be found guilty of each charge. The law is explained to the jury by the judge reading and then providing a set of jury instructions to the jury. In Florida there is a set of Standard Jury instructions which is prepared by a committee of The Florida Bar, and approved by the Florida Supreme Court. During the Charging Conference the judge will decide which jury instructions are going to be read to the jury. In deciding the applicable jury instructions the judge will hear arguments from attorneys outside the presence of the jury.
Closing arguments
After the jury instructions are read to the jury, one attorney for each side will be allowed to stand up and make a closing argument. In the closing argument each side attempts to explain the evidence in the manner most advantageous to their client. The state gets to give its closing argument first, followed by the defense. After the defense gives its closing argument the state gets one more chance to stand up, and rebut the argument the defense just provided. The rebuttal closing is supposed to cover only the argument the defense provided and not rehash the state’s entire argument. Lawyer’s refer to the order of the argument as the state having the “sandwich” because the state gets to wrap its arguments around the defense’s argument.
Jury instructions
After both parties finish their closing argument the judge will read the jury instructions agreed upon at the charging conference to the jury. Each juror will also be given a copy of the instructions.
Jump to: Jury instructions, murder charges explained
Jury retires
Once the jury is instructed on the law, the judge allows the permanent jurors to go back to the jury room. All alternate jurors will either be dismissed or the judge will keep them separate from the 12 permanent jurors while the permanent jurors deliberate. The judge will most likely dismiss the alternate jurors. The jurors do not know which jurors are alternates until the judge separates them as the permanent jurors retire to deliberate.
All of the evidence introduced in the case is allowed to go back into the jury room with the jury so they can review it if they wish. Once they enter the jury room the first job of the jury is to select a foreman. The Foreman is similar to a chairman of a committee, her or his vote does not count anymore than any other juror but the foreman is in charge of organizing and chairing the deliberations. The jury will remain in the jury room deciding the case, until one of two things happen as to all charges. All 12 jurors reach a verdict on each count, or they determine they cannot reach a verdict on each count, after deliberating and trying their best. A verdict can be either guilty or not guilty. The jury is not responsible for determining whether Ms. Anthony is guilty. The jury may reach a verdict on some counts or charges and not reach a verdict on others. On any count the jury cannot reach a unanimous verdict, the jury is said to be “hung” on that count and a mistrial will be granted as to that county.
Sentencing
A. If Ms. Anthony Is Found Guilty of First Degree Murder: There will be an additional phase of presentation of evidence. This phase is called the penalty phase. In the penalty phase each side will attempt to persuade the jury to vote for or against the death penalty. Unlike the guilt phase of the trial the vote on the death penalty does not have to be unanimous. Each juror casts a single vote.
During the penalty phase the state will present evidence and argument on what is referred to as “aggravators.” Aggravators are reasons which Florida law allows a jury to determine that the facts of the case are so bad that Ms. Anthony should receive the death penalty. The death penalty in Florida is not to be imposed in all First Degree Murders. Instead it is only to be imposed in the worst of the worst First Degree Murders. The aggravators only include the reasons included in the Florida Death Penalty Statute.
read more : http://www.cfnews13.com/article/news/2011/june/271806/What-happens-after-Casey-Anthony-defense-rests
_________________
Live well...we only get one.

KariBear- Posts: 924
Join date: 2009-12-23
Age: 50
Location: Florida
Mood:
Re: What's next for Casey Anthony trial after defense rests?
Well, it's just about all over now....so far I think the jury will decide to give her whatever charge gets her life even if it's a lesser charge, but I don't think they will give her the dp.
LottieM- Posts: 1672
Join date: 2010-03-01
Location: ridin' my bike....duh
Mood:
Re: What's next for Casey Anthony trial after defense rests?
Thanks for that break down Kari!
I don't think she will get DP either but I do hope she gets life. If not atleast enough to where she can never bring another innocent child into this world!
I don't think she will get DP either but I do hope she gets life. If not atleast enough to where she can never bring another innocent child into this world!

maggieg- Posts: 67
Join date: 2011-06-09
Location: South Carolina
Mood:
Re: What's next for Casey Anthony trial after defense rests?
Thanks for all the info, KB. Justice is coming for Caylee. I hope Casey Anthony never sees the light of day.

Piper- Posts: 10263
Join date: 2009-07-12
Mood:
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