No, a new or existing law may not serve as a deterrant, but the person may not get the chance to maim or kill another child.
This probably applies more to the woman who leaves the kid in the car to have sex and smoke crack in a hotel room, but I don’t believe that someone who does this “has been punished enough” and shouldn’t have any criminal or other consequences.
You’re referring to a specific case, I believe. Can you produce evidence that the person in question wasn’t prosecuted under other laws relative to endangerment of children, child abuse etc?
My original post in this thread stands. There are already laws in existence available to prosecute people who harm their children by intent or through gross negligence (or even less than gross negligence). to enact additional legislation specific to cars would result in either:
Yes, people who do this with intent should be prosecuted, and, as wring has pointed out, can under existing law. And as I’ve said, there is a special circle of hell for these people.
But that isn’t what you said in your previous point.
You are distictly talking here about the parent who has a forgetful moment. I have a acquaintance who’s 3 year old drowned while under her care, she faces those consequences from her “moment” every damn day of her life. Punishing her more than she is already punishing herself would not help anyone, and only serve to further stress her family and her other children. And I guarentee you she isn’t off to maim or kill any of her other children.
I’m sorry to hear about your friend, that is terrible. I am sure that it was not a case of her forgetting that the child was there.
I don’t think I’ve actually said whether or not I’m in favor of new or existing laws (what OP? ha ha). I think that existing laws are working, and no new laws are needed. I am also in favor of judges being given broad discretion instead of strict sentencing guidelines. I remember a case that my husband told me about from his DA days, where a judge sentenced a drunk driver who had killed a child to hand deliver, each month for 20 years, a restitution check to the victim’s parents, in person, no excuses. If he screwed up just once, he would do the 20 in prison. The parents got to say anything they wanted to him, share their pain, show pictures of their child, etc. The guy was ok for a while, but ended up begging the judge to let him do his 20 years in prison, it would be less of a burden on him than facing those parents every month. The judge refused and convinced the guy that this was the level of punishment he deserved.
I am talking strictly about the kids left in cars resulting in their severe injury or death. I’m sorry if I sound totally conservative and wacko, but I cannot imagine ever doing something like that to my child, and it makes me sick. I have never felt more strongly about anything in my whole life than my responsibility to protect my son and my soon-to-be second child, and to be blithely told that “it can happen to anyone” gets my hackles up.
We aren’t talking about scraped knees or car accidents here, but my actions directly resulting in the death of my child.
No way.
Well, then you know more than I do. I have no idea what happened, I wouldn’t presume to intrude into her grief with what might appear to be an accusatory inquiry.
Your example isn’t similar. Had the judge sentenced the parents to look at pictures of the kid they had killed accidently, it would be pertainent. It isn’t.
I don’t see the difference between a car accident where you didn’t notice the car behind you and shifted lanes, causing an accident that kills your child and accidently leaving a child in a car. In both cases, you didn’t intend to cause harm. In both cases you just weren’t paying close enough attention. That’s why they are called accidents. Which * direct action * are we talking about here? I wouldn’t call forgetting an action. Nor leaving your kids in the car. These are pretty passive activities.
I don’t want to imagine it either, and it makes me sick. Perhaps that’s why it makes me sick to think that people are looking to blame parents. The very thought that I would accidently do harm to my children (remember the first time you cut your baby’s nails? I cut my baby’s finger and she bled and I cried longer than she did. I can feel the guilt as I type this.) ties my tummy in knots. How could I add to anyone’s grief by telling them the obvious - that they shouldn’t have done that?
Never mind, Dangerosa. I said that about your friend because I would never presume that she had done something wrong that resulted in her child drowning, like falling asleep by the pool or something, as I don’t know her(as you pointed out). Sorry I tried to say something nice, my bad I guess.
My little story about the drunk driver had no relevance to the discussion at hand (this was obvious, I’m sure), it was meant to illustrate a judge’s ability to determine sentence, rather than having a sentencing guideline forcing him to give a particular penalty.
I can only repeat myself, so this is probably the end for me. I just don’t agree that leaving your kids in the car to die is no action at all on your part. You did the forgetting, you did the leaving, you didn’t check, but I’m sure it wasn’t your fault. Ok, fine.
Can you show anyone in this thread or elsewhere who has suggested that it was not the parent’s fault?
EJs Girl, I think you’re failing to distinguish between “it was your fault” and “you should be punished.” It is always my fault if I leave my kids in the car unattended and something happens to them. It may be that the law will punish me for it. For example, if I leave the baby in his car seat while getting the toddler and the groceries into the house, intending to come back out and get him afterwards, and on the way back out, I fall on the steps, break both legs, and am unable to pull myself to the car and release him before I pass out, it is my fault - if I had behaved in a different way, the baby wouldn’t have died in the car. But that doesn’t mean that the law should come down on me in addition.