Friday, July 15, 2011

Caylee's Law?

Get ready for the cable-news-personality-driven push to enact "Caylee's Law" all over the country. They're entertaining one in the State of Georgia, and the usually diverse commentary at Peach Pundit presented a nearly united front against.


1 comment:

patsbrother said...

I'm confused. People believe that Anthony killed her daughter and are upset that she was found not guilty of that crime. They necessarily believe that Anthony's daughter was not abducted by someone else but was killed. So the remedy is to make it a crime to fail to report your child was abducted, something Anthony is not alleged to have done?


You have a constitutional right against compelled self-incrimination. Thus, a law which penalizes you for failing to report that you committed a murder is obviously unconstitutional, so if people believe Anthony killed or had a hand in killing her child could never be convicted of the new charge.

If you exercise your right against compelled self-incrimination, your exercise of that right cannot be introduced against you as evidence of your guilt. Thus, a failure to report her child was abducted would not have been admissible against Anthony to prove she murdered her daughter.

If Anthony murdered her daughter, the constitution would not permit punishing her under the proposed law for failure to give the state evidence of that murder; evidence that she failed to do what the proposed law would require her to do would not be admissible against her to prove she murdered her daughter.

If the Anthony case is the only reason for such a law, there is no reason for such a law.