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HUH. I'm watching WESH and they mentioned something about a mistrial.
I'm not understanding why, or what is going on.
Re: wth is going on CA?!
Baby Macy is here!
12/09 - Macy (daughter) | 4/10 - Began TTC Baby #2 | 12/10 - Chemical Pregnancy | 1/12 - Miscarriage at 14 weeks | DX - PCOS & Hyperthyroidism
I missed the question that caused all the fuss, but from what I understand is something was asked that may have shifted the burden of proof from the prosecution to the defense. Burden of proof means that the state is required to prove their case beyond a reasonable doubt; the defense does not have to prove anything. Apparently if the burden shifts to the defense, it can cause a mistrial.
I don't understand how it might have shifted, though. I missed all that and can't seem to figure it out from what they're saying now.
Ellie ~ 3.29.12
Wedding | Blog
How can the burden shift? Is this by tactics of the defense?
Happily Married
The Plan Stan
Eat Well, Live Well, Be Well Blog
I don't understand any of this burden shifting stuff.
What does "burden" mean.
the commentators on wesh mentioned mistrial. no one else.
Oh and Dorothy Sims called Jeff Ashton dramatic, LOL!
The judge also told the defense to not open the door, not even a crack with their questioning or Jeff Ashton will drive a Mack truck through it!
I love me some Jeff Ashton. My favorite clip of the trial is when he was almost laughing when he asked the plant lady "so a dog buried the bone?". Ha. Best line of the trial!
Baby Macy is here!
12/09 - Macy (daughter) | 4/10 - Began TTC Baby #2 | 12/10 - Chemical Pregnancy | 1/12 - Miscarriage at 14 weeks | DX - PCOS & Hyperthyroidism
YEs that whole thing was ridiculous.
I really don't know. I don't know if it was intentional or inadvertent by the defense, but my best guess is that the defense asked a question that would open things up and let the state ask all kinds of new questions that they shouldn't be allowed to ask, which would shift the burden to the defense to prove things, which they shouldn't have to do. It sounds like maybe Baez screwed up with a question and Ashton was a little too enthusiastic about it - they both were reprimanded a bit.
That's a terrible explanation and doesn't make any sense but I really don't get it all either!
Ellie ~ 3.29.12
Wedding | Blog
Burden of proof simply refers to the fact that the state is required to prove their case against Casey beyond a reasonable doubt. The defense does not have to prove a thing. If they feel the state has not proved their case, they don't have to put on a presentation at all. If the jury does not find that the STATE proved Casey is guilty beyond a reasonable doubt, they cannot find her guilty. The defense has no obligation to prove she is innocent.
Again, I don't know how a shift can really happen, but this principle is tantamount to our justice system, so I can see that if a shift DID happen (however that is possible), it could certainly warrant a mistrial.
Ellie ~ 3.29.12
Wedding | Blog
I watched that clip over and over again last night on the dvr. OMG, each time I watched it the harder I laughed. Ahh, I LOL just thinking about his reaction. Classic.
Baby Macy is here!
12/09 - Macy (daughter) | 4/10 - Began TTC Baby #2 | 12/10 - Chemical Pregnancy | 1/12 - Miscarriage at 14 weeks | DX - PCOS & Hyperthyroidism
"beyond reasonable doubt" is for all the charges, or just for the 1st deg murder charge?
BTW. I can't stand this witness. I wish she would wipe that smile off her face. ugh.
Baby Macy is here!
12/09 - Macy (daughter) | 4/10 - Began TTC Baby #2 | 12/10 - Chemical Pregnancy | 1/12 - Miscarriage at 14 weeks | DX - PCOS & Hyperthyroidism
All charges. That's the rule in criminal cases - the prosecution has to prove their case beyond all reasonable doubt. You can't find a defendant guilty of any charge unless it is proven beyond a reasonable doubt. (This is something we focus on quite a bit during jury selection, because a lot of people don't understand it, and it's very important. Innocent until proven guilty, and all that.)
Cindy's back!
Ellie ~ 3.29.12
Wedding | Blog
Interesting.
So far I only see child neglect.
Me too.
Ellie ~ 3.29.12
Wedding | Blog