Friday, August 26, 2011

Can We Hold Criminals Liable For Investigatory Expenses?

Okay, it is very likely that I will take a large amount of flak for this post.  I have prepared to get more hate e-mail like I did the day of the trial, but this post will focus on some developments in the Case Anthony trial (I know I will spare whipping the overkilled horse...trust me).  While many of you know my views on our justice system and the outcome of her trial I just found an interesting report stating that the state of Florida is, in fact, suing Anthony for the reimbursement of investigatory services linked to searching for her daughter.  You can see the story here.

If you read the story you see that the state is making a claim against Ms. Anthony for $293,123.77.  And if you have any sense of how the legal system works you must be scratching your head like I did.  Does Florida honestly believe she is going to pay this?  At a minimum this is just an act to drain Anthony of any funds she may get from appearances, book deals, or a movie 9all of which have been proposed).

However, before she has to pay a judge will have to rule on the merits of the case and issue a judgement in favor of the state.  MARK MY WORDS, any judge that issues that type of judgment will likely quit his/her job because it is political and public suicide.  Not to mention the appeal-ability of this type of claim.  I have done some research and was unable to find any state or federal precedent for this type of suit.  Florida is trying to support its case by pointing to Anthony's convictions as a miscarriage and inhibition of the investigation leading to the exorbitant expenses.  Yet, being that this case is unsupported by LAW it is very likely this claim will be tied up in the appellate courts for a very long time.

Alternatively, and additionally, do we really want the police to succeed on these types of claims?  By allowing this form of restitution it may be that the police are just getting double paid for something they were under a duty to do in the first place.  Again, this seems like a case where the state is attempting to capitalize on Anthony's projected fame.

I will be watching this issue pretty closely because it will open a HUGE can of worms for "celebrity bad boys and girls."  The court appearance on the issue is slated for September 2, 2011.

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