Friday, September 05, 2008

Just saying

Well, I mean, obviously Wendy Osborne should be charged in the death of the nine-month-old child left in a mini-van.

I'm quite sure it was an accident, but accidents result in criminal charges all the time. If I 'accidently' run into someone's car, I may not have intended to ... but, more than likely, I'm going to face some sort of penalty for it. Now, change 'run into someone's car' with 'leave a nine-month-old in a mini-van for more than two hours on a 90-degree day while you went inside to get a nap, all the while remembering to get a pair of other children out of the car' and, um, yeah ... you should face some charges and appropriate punishment.

Of course, you don't want to know what I think the punishment should be because whatever it ultimately will be, it won't be harsh enough in my book.


Blogger hillary said...

So you think accidents should receive as harsh a penalty as murder? I'm not saying it's not tragic, but surely there's a point where the penalty is indeed harsh enough.

8:40 AM  
Blogger Adrian said...

Different criminal offenses have different mens rea requirements. Motor vehicle offenses may work on strict liability or negligence, but offenses against persons may require specific intent. I wonder if you think that someone somnambulating and driving a car while under the influence of Ambien and completely unaware of what they're doing should held responsible for accidents just as if they're awake and consciously choosing to drive.

1:16 PM  

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