Basic Human Common Sense - Part 2
Published on August 6, 2004 By Lenbert In Current Events
For the second time in the past week, there has been another news item about a local "parent" locking their child (children), in an automobile, on a hot sunny day. Her two kids didn't die. They were treated by the EMT's and are fine. However, this woman was immediately charged with child neglect. The incident that occured earlier in the week, where the child died, the parent wasn't charged with any crime.

Late breaking news.....

As I wrote earlier in the week, a "parent" forgot his child was in the car, on a hot summer day. He went into work and, as the police report states, "an extended amount of time" later, he returned to his car to find his child had died.

There was a news conference this morning. The "parent" in this incident is an associate pastor at a local baptist church. He apparently "forgot" the child was in the car, as he went to perform his associate patoral duties in the church. Autopsy reports today state conclusively, the child died of hyperthermia. The associate pastor has not been charged with any child neglect, because the police have determined there wasn't any "intent" for neglect. The police, since there was a death and no charge, have rolled the decision over to the District Attorney. It will be up to a Judge to make the decision.

Several days later, a woman left her two kids in a car (ages 8 and 3) in a car, in a parkinglot, on a hot summer day, for a quick run into Wal-mart. A passerby noticed the kids in the car, called police, the police arrived as well as the EMT's, and the children were rescued. The children were deemed "hot" by the EMT's, but otherwise ok. An hour later, the "parent" returns to her car and she is immediately cuffed and charged with child neglect.

Apparently "intent" precludes "neglect".

So, let me see if I've got this straight. A woman, who intentionally locks her children in the car, the children survive, and she is charged with child negligence. Whereas, another individual, who "forgets" their child is in the car, the child dies, and this individual is not charged with anything because there was no "intent"?

The goo is dripping from my ears.

Negligence is negligence, regardless of intent. I have heard the analogy for this particular news item, what if you or I were driving down the road coming up to a red light and we accidentally step on the gas instead of the brake, an accident ensues and you or I kill someone. We wouldn't be charged with negligent homicide? Hell yes we would! Whether there was intent or not. It would prove that you and I are no more worthy to drive a car as these "parents" are to have a child under their care!

God, I'm so pissed!

LLS

Reference:
The Mac Watson Show: http://1140wrva.com/main.html

Local news item(s): http://www.nbc12.com/servlet/Satellite?pagename=WWBT%2FMGArticle%2FWBT_BasicArticle&c=MGArticle&cid=1031777133135

http://www.nbc12.com/servlet/Satellite?pagename=WWBT%2FMGArticle%2FWBT_BasicArticle&c=MGArticle&cid=1031777144999&path=!news!archive

Comments
on Aug 06, 2004
You have a point. But one can also look at it this way, if the child dies, that in itself is a form of life-long punishment for these foolish parents.
on Aug 06, 2004
I take issue with any who "forgets" their children in a hot vehicle. Ensuring the safety and welfare of our children is our number one job. Maybe drawing attention to these cases will nudge others to be more cautious and mindful of their children regardless of deadlines at work or sales on control top pantyhose at Wal-Mart. Raising awareness about this issue is very important.
on Aug 06, 2004

How the fuck do you 'forget' your kid!!!!?????


I still say the pastor should have been charged with negligent homicide. 

on Aug 06, 2004
How the fuck do you 'forget' your kid!!!!?????


I still say the pastor should have been charged with negligent homicide.


Indeed!

I can be really forgetful but forgetting the kid? Not likely.
on Aug 06, 2004
It seems like the word "neglect" would make "intent" redundant by its definition. Frankly, if the father had intended to be negligent, that would have been murder, wouldn't it? So, unless you intend to neglect something, you really aren't neglectiing it? Damn, I wish these guys had been around to argue for me the million times I neglected my studies, or my job, or my personal hygene...

on Aug 06, 2004

I can be really forgetful but forgetting the kid? Not likely.


That's like walking out of your house in the snow without your clothes on.  I simply cannot deduce where this guy's head was at when he locked that infant in the car. 


I remember when I was pregnant with my first child I'd have nightmares about forgetting the baby at the store....I left her on a train in one dream I vividly remember.  Everyone said that it was just my imagination playing tricks on me, no-one forgets their baby, for chrissakes...


..apparently some people do. 


As for the woman who left her children locked in the car while she shopped.....I wonder how she'd like it if she was the one sweltering in the backseat.  Thank heavens for those people who took action and called 911.

on Aug 06, 2004
To Ravenblack:

Yes, that is a human emotion which is more than likely taking place as we speak. Regardless, going back to the "Auto Accident" scenario, regardless of the remorse that you and I would feel, we would still be prosecuted to the full extent of the law. THAT has not happened in this case.

LLS

on Aug 06, 2004
To dharmagrl, Texas Wahine, XX, & Bakerstreet:

It's obvious you and I think alike in this matter.

Thank you for your replies. In this instance, they are a neccessity.

dharmagrl, although belated, thank you for your response on my post earlier this week.

To ALL:

Of course. as you may or may not know, the anonymous user who has been dogging me lately, will try to make this out to be a whole political statement regarding Bush's "intent" vs. his "negligence". Disregard those.

LLS