Casey Anthony Should Not Have Served Probation While in Jail: Judge

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"All the public attention on the case would be a unique challenge," Finnegan said.

The prosecution argued that they did not know that Anthony had erroneously served her probation while in jail until this week.

They argue that the function of probation is to help convicted criminals reenter their communities, something that could be hard to do while sitting in confinement in a jail cell.

"The state believes that it's certainly bad public policy to allow someone to serve probation while in custody," prosecutor Frank George said. "This supervision was supervision in name only. Ms. Anthony was required to do nothing…her only obligation was not to attack anybody or try to escape."

For now, Anthony does not have to return to Florida.

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