Casey Anthony Appeals Probation Order: Double Jeopardy or a Mockery of Justice?Posted: August 18, 2011
No surprise. Casey Anthony appeals Judge Perry’s order for her to serve the 1 year probation term in Florida on the check-fraud case beginning August 26th. Does Perry’s order violate double jeopardy or is the appeal a mockery of justice? Interesting legal question, but, now, it’s up to the 5th District Court of Appeal to decide.
Did Judge Perry get it wrong on the facts or the law or both, the test to overturn the order. She would serve probation twice, be “punished” twice, the defense claims, a type of double jeopardy (you can’t be tried twice for the same crime) violation, I assume. But did she actually serve probation as ordered? Did she fulfill all the terms of probation? She didn’t pay the $20 monthly probation fee and other fees. Is the job requirement excused because she was in custody? Really, is this how society intended probation to be carried out? Is this how the court intended probation to be served?
Does Casey get a break because of the errors? The initial order failed to state “probation upon release”. The probation department placed her on probation while she was in custody. Unusual facts, but, I have no doubt the Court of Appeal will render clarity.
Is Casey’s appeal a valid double jeopardy claim or a mockery of justice? WHAT SAY YOU?