Why won't the prosecution seek the death penalty in the Casey Anthony case?

Most people following the tragic story of the beautiful toddler named Caylee blame her mother Casey for her horrific death. And many would like to see her pay for her crime with the ultimate punishment.

Prosecutors, at least at this time, are not seeking the death penalty -- even though Anthony's case meets the criteria -- because, as they say, it is not in the best interest of their case to do so. But a whopping 78% of respondents to a local Orlando-area TV station poll disagree. Not a surprise. Emotions run high when an innocent little girl is found dead in the woods, mouth covered in duct tape and left in a trash bag.

Rather than public opinion, the prosecution must weigh their options based on the outcome of a trail -- particularly the penalty phase.

Could a jury or Anthony's peers be decide to end her life? Attorney Robin Sax, a former Los Angeles County Deputy District Attorney, doesn't think so. "The overriding reason the prosecution has not put the death penalty on the table," believes Sax, "is that Casey Anthony doesn't fit the standard profile of murderer." It's true, the young and pretty Casey Anthony isn't anyone's idea of a cold-blooded killer. Men in particular might find it difficult to judge the diminutive Anthony.

Another consideration, says Sax, is the prosecution can't seem overzealous to the jury. "It's a psychological tactic", says Sax."They want to appear as not being out for blood. It's as if their saying to the jurors 'See? We're fair.'"

Judge Jeanne Pirro believes the prosecution is ditching the death penalty because a jury would believe, for a woman who loves to party and thinks she's smarter than the rest of the world, the ultimate penalty is not death. "She's young," says Pirro, "making her live with Caylee's death for 60 or 70 years would be the real punishment." You can see Judge Pirro on lay down the law daily at 3:00 on the CW.

Do you think the prosecution should seek the death penalty?

Judge Jeanine Pirro is an attorney, prosecutor and politician who served as a county judge before serving as the elected district attorney of Westchester County in New York for 12 years. Judge Jeanine lives in Rye, New York, and is the mother of two college-age children.

Robin Sax is a former Los Angeles County Deputy District Attorney who specialized in prosecuting sex crimes against children. She is the author of six books, including "Predators and Child Molesters: What Every Parent Needs to Know To Keep Kids Safe". Robin lives with her husband and three children in Los Angeles, California.

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