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The other tree is to be used if the jury believes it was Rafferty who killed the child.
b) that Rafferty did something substantial and essential to the killing
a)The murder was both planned and deliberate
If, during the first question on the "principal" three, the jury answered "yes" to the question, the jury is then asked to consider whether Raffery is guilty of first or second degree murder.
The jurors presiding over the Tori Stafford murder trial were given "decision trees" before they began their deliberations a tool meant to help them along a path to a verdict in the first degree murder charge against the accused Michael Rafferty.
d)that the kidnapping or sexual assault and the murder of the child occurred as part of the same series of events.
One of the trees called "aider and abettor" is to be used if the juror believes that it was Rafferty's co accused Terri Lynne McClintic who wielded the hammer blows that killed Tori. This tree will help jurors decide the exact role Rafferty played and how liable he is for the murder.
However, the judge ruled that if the jury does not accept the evidence supporting bodily harm, then they can convict of the lesser charge of "sexual assault."
If the jury believes McClintic's initial version that Rafferty murdered the child, they must ask themselves the following questions under the "principal" tree:
Rafferty can only be found guilty of manslaughter if a jury believes it was McClintic who killed Tori . They have to find that Rafferty did not know that McClintic intended to kill Tori or intended to cause her any harm that would likely kill her. They also have to find that Rafferty did not intend to help or encourage McClintic to do so.
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Each page contains simple yes or no questions and depending on their answer, they are instructed to follow an arrow to a following question until they reach a verdict.
There are two decision trees, each providing the juror with a different murder scenario. Nike Canada Roshe Run
McClintic, who pleaded guilty before the trial, first told investigators it was Rafferty who committed the murder. However she changed her mind on the stand, telling the courtroom it was in fact she who delivered the fatal blows.
How the jury made their decision
Both scenarios were presented during the trial by McClintic, who served as the Crown's key witness in the case against Rafferty.
guilty of sexual assault. This is because a measure of force was presumably used and because stripping a child offends their sexual integrity.
was no evidence of bodily harm.
In order to be found guilty of first degree murder, the jury must believe that the Crown proved beyond a reasonable doubt that:
c)that Rafferty committed kidnapping and sexual assault
LONDON, Ont. WARNING: Graphic details from this court case may disturb some readers.
At the end of their first day of deliberations, the jury asked if a person could be convicted of sexual assault causing bodily harm if there Nike Roshe Womens Black Ebay
If jurors answer no to these questions then they must find Rafferty guilty of second degree murder.
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