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.
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.
posted by Jmac at 8:11 AM
2 Comments:
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.
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.
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