Saturday, July 09, 2011
So, Casey Anthony has been set free and the death of her daughter, Caylee, will go down as unsolved. With all the post-trial analysis put forth to account for this acquittal, it is important to note yet another failing of the American Criminal Trial System that is not being discussed. This is the choosing of 12 jurors who represent the peers of the defendant. Think about that a moment. Look at the amount of effort made to choose a jury made up of people who did NOT think Casey Anthony was guilty. Since the average "peer" of Casey Anthony was the average citizen of central Florida and the average citizen of central Florida firmly believed she was guilty, the search for anyone who did not think she was guilty was long and difficult. Given the circumstantial character of the case, the defendant's long and careful silence and misdirection, and the intense "not guilty" jury selection, there could be only one of two outcome from the trial; either not guilty or a hung jury. This search for highly biased jurors seems to go against the very core of the original concept of trial by jury. This case should be presented to the Supreme Court by the state of Florida for compliance to the Constitution of the United States of America.