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Case Analysis

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Case Analysis
Madison County v Kimberly McLaughlin
Facts

On September 12, 2009 Kimberly McLaughlin was charged with the murder of her mother. The facts of the case stand as such, on the morning of September 13, 2009, Shirley Robuck the mother of Kimberly McLaughlin was found in her burning home.
Medical examiner determined that the victim was stabbed a minimum of 211 times before being decapitated and set on fire.
Issues
Defense for McLaughlin is arguing that the defendant is not guilty because of serious mental disease or defect. Defendant was found competent to stand trial, despite defense attorney’s stating she was not competent. “Under Alabama law the defendant's attorneys have to prove to a judge or a jury that she is not able to assist in her own defense and does not have a "reasonable degree of rational understanding" of the facts and the court proceeding” (Lawson, 2012, para. three).
Decision
The decision from the jury was the Kimberly McLaughlin was sentenced to life in prison for the murder of her mother in 2009 and found not guilty of arson charges that were filed along with the murder charges by Madison County.
Reasoning
The jury stated that the defense could not prove that the defendant was mentally ill or had mental defect.

Opinion
I have to disagree with the jury’s verdict on one side on the other the defense attorney should have worked harder to prove that the defendant suffered from mental illness.

US v. Blagojevich
Facts
Rod Blagojevich was being charged on criminal charges. Rod Blagojevich was charged with trying to sell President Obama’s Senate seat one day after it opened. Phone taps and email records revealed that Blagojevich was heard attempting to sell above said seat. Found guilty on 10 charges of wire fraud, these charges were related to the fact that Blagojevich tried to sell Obama’s Senate seat.

Issues Issues in this case are many; the defense attorney stated that Blagojevich did not really mean to sell the seat. Blagojevich has been tired on these charges before and this is a retrial. Evidence had to be reevaluated to help either convict or set free the man who has recorded audio tapes of him asking for money for the seat. The defense attorneys in this case attempted to use the presumption of innocence which is where the prosecutor must convince a jury that the defendant committed the crimes they are being charged with.

Decisions “Guilty- counts one through ten: Wire Fraud, no verdict on count 11: attempted extortion, guilty counts 12-15, not guilty on counts 16-17, and guilty on counts 18-19” (Press, 2011,). These charges range from Bribery conspiracy to attempted extortion, He was sentenced to 14 years.

Reasoning The jury found Blagojevich guilty due to the evidence that was presented against him, the jury heard recordings of phone conversations that showed that he was in fact without a reasonable doubt trying to sell the Senate seat.
Opinion
This case was in the news the entire time and it is still often talked about. Rod Blagojevich was found guilty and sentenced to 14 years. I believe the jury made the right decision in this case. Evidence was strong and the defense could not do anything to refute that evidence against Blagojevich.
Conclusion
The first case was a criminal murder case that happened in Huntsville, Alabama. The defense attorneys tried to use the “mental illness or defect” defense but they were unsuccessful in doing so and the defendant got life in prison because they did not provide proof that there were mental illness issues. The prosecution was able to prove that there was a long term drug problem and without the proper defense the defendant who may indeed suffer from mental issues will go untreated. The second case a different type of criminal case, this case was about corruption and attempted bribery. Blagojevich was found guilty on many of the 20 charges and will only spend 14 years in jail for those crimes which in my opinion could and should have been much steeper. Both cases reviewed the defendants were found guilty and they both are using the appeals system to reverse the verdicts if at all possible.

References

Lawson, B. (2012, February 6). Kimberly McLaughlin ruled competent to stand trial in 2009 stabbing death of her mother. The Huntsville Times. Retrieved from http://blog.al.com/breaking/2012/02/kimberly_mclaughlin_ruled_comp.html
Press, A. (2011, June 6). List of charges, verdicts against Blagojevich. Then News-Gazette. Retrieved from http://www.news-gazette.com/news/courts-police-and-fire/2011-06-27/list-charges-verdicts-against-blagojevich.html

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