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NFT: Forgetting a Child in the Backseat of a Car - Crime?

Les in TO : 6/23/2016 1:02 pm
Before you say "yes" (which I do, on condition that for fact patterns like those described ion the article the punishment is plea bargained down to community service), read this article. warning - it is a very tough one to stomach and double the toughness if you are a working parent to young kids
Link - ( New Window )
I think the parents will suffer enough  
djm : 6/23/2016 1:14 pm : link
A lapse in judgement or forgetting something doesn't always mean you're guilty of a crime and need to be punished. A mom who accdidently kills her child usually isn't a threat to society.

Punishing people isn't always the answer. It rarely is actually.
Not what you asked, but  
lugnut : 6/23/2016 1:18 pm : link
How the FUCK does anyone forget their child is with them?! Am I just a doting father that I'm always aware when I'm with my kids, and still after years, am even proud to be out and about anywhere with them? I really, REALLY don't get it.
I think it's a fact and circumstances test  
njm : 6/23/2016 1:23 pm : link
You have people getting charged leaving their kids in the car for 20 minutes when they run into a 7-11. This guy is charged after leaving a kid in a car for 9 hours. That's different, and I don't see how that can't be a crime. I'd give wide discretion to the judge with respect to sentencing, but I'd clearly convict.
lugnut - i tend to agree with you, but i also know a lot of  
Mellowmood92 : 6/23/2016 1:24 pm : link
intelligent and overall responsible people that do stupid shit either because they forgot or by accident.

People leave the burner on their stove on, causing their house to burn down - if that killed someone, is that criminal?

But yeah - how the hell does this happen?? It's scary and horrible.
There is a case in Georgia  
Fred in Atlanta : 6/23/2016 1:24 pm : link
where it is believed that it may have been done on purpose. That would be a crime. Apparently, the guy looked on the internet for "hot car" deaths. The trial was just moved out of metro Atlanta because of the publicity, they could not find enough jurors.
doting = responsable  
The Natural : 6/23/2016 1:27 pm : link
Yeah the parent should go to jail.....

I just read that one of the auto manufacturers is putting some kind of a warning system in to alert you that there is a child in the back.....
of course it can be  
GiantNatty : 6/23/2016 1:31 pm : link
there are many different instruments of death besides knives and guns. if you push someone off a boat into a lake when you know they can't swim with the intent to kill them and they drown, is that murder? of course it is.

the facts simply need to show an intent to kill and then an action taken that effectuated their death. in the case of the father that left his kid in the car to die, the text messages to his lover about how he wanted out strongly suggest his intent and his act of leaving the child in a broiler is the act.

if the state can't prove more than that the person "forgot," then they can't prove intent to kill and it wouldn't be murder (but it might still be a lesser crime like criminally negligent homicide, which is a death caused by more than ordinary stupidity. one might argue leaving a child in a car with the windows up would qualify (and I would agree)).
No  
Steve L : 6/23/2016 1:32 pm : link
Stupid and horrible but not a crime. Except for the guy who had researched it and did it on purpose. That's a crime.
RE: Not what you asked, but  
djm : 6/23/2016 1:32 pm : link
In comment 13006188 lugnut said:
Quote:
How the FUCK does anyone forget their child is with them?! Am I just a doting father that I'm always aware when I'm with my kids, and still after years, am even proud to be out and about anywhere with them? I really, REALLY don't get it.


I can't fathom this either. Every day I drop off my daughter at day care and just to be safe I always text my wife right after "successful drop off" --mostly because of these awful incidents we have read about. I will be damned if those poor kids will die in vain. I can't believe someone would forget but then I think of the times where I have left my wallet on the roof of my car and drove off.

You know when people forget? When the daily routine puddle has a pebble of change dropped into it. That ripple effect can fuck with your mind like you'd never believe. Read some of the horror stories....they usually stem from a slight shift in the routine. A phone call. An urgent meeting...

Just don't make the same mistake. follow the same pattern no matter what. Text your SO after you have dropped the kid off. Always...ALWAYS check the seats.
Depends on the specific details  
pjcas18 : 6/23/2016 1:35 pm : link
without reading the article.

when I was growing up my mother, a single mother, would routinely leave us in the car to run into the super market or the bank or the cleaners.

I assume the window was cracked and it wasn't 100 degrees outside. No damage was done. today they'd call the cops and smash the windows of the car to get us out and arrest my mother.

but I don't believe she ever forgot us in the car.

Not sure forgetting your child in and of itself is a crime. Probably some kind of negligence. Just if there is no damage, is it a crime? Not sure.
Forgetting your wallet on the roof  
giants#1 : 6/23/2016 1:35 pm : link
isn't quite the same as forgetting your child...
djm  
Tim in Capital City : 6/23/2016 1:35 pm : link
Exactly right...I can't fathom doing this either, but I'm sure many of the people it has happened to felt the same way. Then they got an email from their boss. Or maybe their husband/wife usually did Tuesday dropoff but something changed. Etc.

I like the suggestion to always leave a briefcase/bag in the backseat so you're in the habit of looking in the back before getting out of the car.
Not unless you can prove intent  
AP in Halfmoon : 6/23/2016 1:43 pm : link
if it was me it wouldn't matter, my life would be over
RE: There is a case in Georgia  
schabadoo : 6/23/2016 1:43 pm : link
In comment 13006197 Fred in Atlanta said:
Quote:
where it is believed that it may have been done on purpose. That would be a crime. Apparently, the guy looked on the internet for "hot car" deaths. The trial was just moved out of metro Atlanta because of the publicity, they could not find enough jurors.


That guy walked out during lunch to watch his kid die. He had searches on r/childfree about how long it takes for a kid to die in a car.

RE: Depends on the specific details  
njm : 6/23/2016 1:47 pm : link
In comment 13006218 pjcas18 said:
Quote:


Not sure forgetting your child in and of itself is a crime. Probably some kind of negligence. Just if there is no damage, is it a crime? Not sure.


Well, it obviously wouldn't be criminally negligent homicide, but it could be child neglect even if there were no injuries. You just pray that the DA or equivalent will have enough common sense not to file charges or child services try to take the child if it is a 20 minute run into a 7-11. I have some degree of faith in the DAs of the world, less in child services.
RE: RE: Depends on the specific details  
pjcas18 : 6/23/2016 1:51 pm : link
In comment 13006244 njm said:
Quote:
In comment 13006218 pjcas18 said:


Quote:




Not sure forgetting your child in and of itself is a crime. Probably some kind of negligence. Just if there is no damage, is it a crime? Not sure.



Well, it obviously wouldn't be criminally negligent homicide, but it could be child neglect even if there were no injuries. You just pray that the DA or equivalent will have enough common sense not to file charges or child services try to take the child if it is a 20 minute run into a 7-11. I have some degree of faith in the DAs of the world, less in child services.


I agree, just what punishment do you impose? a fine? I think bottom line you need to act however is in best interest of the child/children, so if there is a real danger something needs to be done.

Not sure how you figure it all out and intent is obviously completely different than forgetting.

RE: RE: There is a case in Georgia  
ron mexico : 6/23/2016 1:51 pm : link
In comment 13006236 schabadoo said:
Quote:
In comment 13006197 Fred in Atlanta said:


Quote:


where it is believed that it may have been done on purpose. That would be a crime. Apparently, the guy looked on the internet for "hot car" deaths. The trial was just moved out of metro Atlanta because of the publicity, they could not find enough jurors.



That guy walked out during lunch to watch his kid die. He had searches on r/childfree about how long it takes for a kid to die in a car.


is r/childfree a real thing?
see reddit  
AP in Halfmoon : 6/23/2016 1:55 pm : link
.
Obviously a tragic story, and you feel terrible for the father,  
Mad Mike : 6/23/2016 1:56 pm : link
but I think it's absolutely, without a shred of a question, a crime. Children (at least young children as in this case) are completely helpless and dependent on their caregivers. And their parents are completely responsible for them. Forgetting, no matter how innocent it may have been, does not excuse causing injury or death to someone in your care and so utterly dependent upon you for, basically, every aspect of their existence. Quite simply, this is a responsibility you are not allowed to shirk under any circumstances.
RE: RE: RE: Depends on the specific details  
njm : 6/23/2016 1:56 pm : link
In comment 13006254 pjcas18 said:
Quote:
In comment 13006244 njm said:

Quote:

In comment 13006218 pjcas18 said:

Quote:



Not sure forgetting your child in and of itself is a crime. Probably some kind of negligence. Just if there is no damage, is it a crime? Not sure.

Well, it obviously wouldn't be criminally negligent homicide, but it could be child neglect even if there were no injuries. You just pray that the DA or equivalent will have enough common sense not to file charges or child services try to take the child if it is a 20 minute run into a 7-11. I have some degree of faith in the DAs of the world, less in child services.

I agree, just what punishment do you impose? a fine? I think bottom line you need to act however is in best interest of the child/children, so if there is a real danger something needs to be done.

Not sure how you figure it all out and intent is obviously completely different than forgetting.


You could impose community service, a fine or in egregious cases jail time.
I'll add  
AP in Halfmoon : 6/23/2016 1:57 pm : link
if you haven't read the linked article, don't.
Tragic, and after reading about these, I'm not sure it's a crime.  
yatqb : 6/23/2016 2:01 pm : link
If anything, it seems to speak to the frenetic lives most of us live. Sure different than agrarian life in centuries past.

Horrible; not sure how I'd live with myself if that happened.
I'll add  
Tim in Capital City : 6/23/2016 2:02 pm : link
that if you haven't read the linked article, you certainly should. It's hard as hell to read, but I think it is important.
RE: RE: RE: There is a case in Georgia  
schabadoo : 6/23/2016 2:06 pm : link
In comment 13006256 ron mexico said:
Quote:
In comment 13006236 schabadoo said:


Quote:


In comment 13006197 Fred in Atlanta said:


Quote:


where it is believed that it may have been done on purpose. That would be a crime. Apparently, the guy looked on the internet for "hot car" deaths. The trial was just moved out of metro Atlanta because of the publicity, they could not find enough jurors.



That guy walked out during lunch to watch his kid die. He had searches on r/childfree about how long it takes for a kid to die in a car.




is r/childfree a real thing?


It's a pretty sad place. After the alligator incident in Fla they were bemoaning the deaths of gators and wondering if the father set the situation up on purpose.
RE: Obviously a tragic story, and you feel terrible for the father,  
MetsAreBack : 6/23/2016 2:13 pm : link
In comment 13006267 Mad Mike said:
Quote:
but I think it's absolutely, without a shred of a question, a crime. Children (at least young children as in this case) are completely helpless and dependent on their caregivers. And their parents are completely responsible for them. Forgetting, no matter how innocent it may have been, does not excuse causing injury or death to someone in your care and so utterly dependent upon you for, basically, every aspect of their existence. Quite simply, this is a responsibility you are not allowed to shirk under any circumstances.



Way too harsh. Crimes require motives - that's the law. Mistakes, even this brutal, should not result in jail time and related permanent penalties that go with it -- inability to ever get a real job going forward, loss of income to the rest of the family for years, etc.

Not a car issue - but when my daughter was 2.5 or 3, I left her in the bathtub on a Friday night to watch the Knicks playoff game against Boston. I was exhausted, as was my wife who had just gone to bed. I proceeded to fall asleep on my couch. An hour later my wife came out and wondered where the fuck our daughter was? We both raced to the bathtub to see our child had fallen asleep. Let me tell you - longest 5 seconds of our lives... terrified we'd walk in to a drowned corpse.

Thank God she had fallen asleep with her head placed on the bathtub edge above water.

If she died you think I should have gone to jail Mike?
Absolutely a crime  
Osi Osi Osi OyOyOy : 6/23/2016 2:16 pm : link
Not even worth a debate in my mind.

Oops just doesn't cut it.
She had actually just turned 4  
MetsAreBack : 6/23/2016 2:16 pm : link
not 2.5-3, I researched the year of the playoff series just now. Still - scariest moment of my life.
Definitely a crime  
Mike in Long Beach : 6/23/2016 2:18 pm : link
and I normally side with the parent in the event of a tragic mistake, but there's a line, and this is on the wrong side of it.
MetsAreBack  
Csonka : 6/23/2016 2:22 pm : link
You said crimes require motive. Not true.
Reckless endangerment and Manslaughter for example.
RE: RE: Obviously a tragic story, and you feel terrible for the father,  
Les in TO : 6/23/2016 2:23 pm : link
In comment 13006313 MetsAreBack said:
Quote:
In comment 13006267 Mad Mike said:


Quote:


but I think it's absolutely, without a shred of a question, a crime. Children (at least young children as in this case) are completely helpless and dependent on their caregivers. And their parents are completely responsible for them. Forgetting, no matter how innocent it may have been, does not excuse causing injury or death to someone in your care and so utterly dependent upon you for, basically, every aspect of their existence. Quite simply, this is a responsibility you are not allowed to shirk under any circumstances.




Way too harsh. Crimes require motives - that's the law. Mistakes, even this brutal, should not result in jail time and related permanent penalties that go with it -- inability to ever get a real job going forward, loss of income to the rest of the family for years, etc.

Not a car issue - but when my daughter was 2.5 or 3, I left her in the bathtub on a Friday night to watch the Knicks playoff game against Boston. I was exhausted, as was my wife who had just gone to bed. I proceeded to fall asleep on my couch. An hour later my wife came out and wondered where the fuck our daughter was? We both raced to the bathtub to see our child had fallen asleep. Let me tell you - longest 5 seconds of our lives... terrified we'd walk in to a drowned corpse.

Thank God she had fallen asleep with her head placed on the bathtub edge above water.

If she died you think I should have gone to jail Mike?
I'm sure you have replayed that incident in your head a few times! Thankfully it turned out OK, and you probably wouldn't have done that if she was just 2 years old.

People are human - while I was out for a jog, my wife accidentally left the house to run an errand while our toddler was in her crib having a nap. when my wife called me mid-jog to ask about whether we needed anything else from IKEA, I asked her whether her mom who lives close by was watching our daughter. long pause before she screamed and turned the car around, apologizing profusely. it unfortunately happens in both small and tragic ways. people are sleep deprived/distracted. it's going to be more of a problem as people continue to be distracted with their phones.
RE: She had actually just turned 4  
pjcas18 : 6/23/2016 2:24 pm : link
In comment 13006321 MetsAreBack said:
Quote:
not 2.5-3, I researched the year of the playoff series just now. Still - scariest moment of my life.


that's a scary story, and you're very fortunate. I do think you would have been charged with negligence if something had happened, but I don't believe you would have gone to jail. it would have been one of those cases where there was obviously no intent and the judge/jury/da whoever disposed it would have felt like the "defendant" suffered enough.

You are very fortunate.

the lowlifes who do it purposely are the scum of the earth  
Les in TO : 6/23/2016 2:34 pm : link
earlier this year a dad in LA was arrested for leaving his 9 month old daughter in the car in a strip club parking lot while he was getting lappers inside. he didn't think it was a big deal. and I can't believe there is actually a r group "childfree". that is sick. don't have kids or kid your kid up for adoption if you don't want the responsibility.
Very tough question  
YelbertonA : 6/23/2016 2:56 pm : link
Twist it around a little more. If this happened to your child while under someone else's care, would you want them charged with a crime and/or sent to jail.
RE: Very tough question  
pjcas18 : 6/23/2016 3:05 pm : link
In comment 13006385 YelbertonA said:
Quote:
Twist it around a little more. If this happened to your child while under someone else's care, would you want them charged with a crime and/or sent to jail.


maybe it's not right to think this way, but the outcome is relevant to me. In other words if my day care provider left my kid in a 100-degree car unintentionally, and my kid was ok. I'd be relieved and I don't think I'd feel any better if my daycare provider who was without a doubt negligent went to jail.

However, if my kid was injured, severely or even worse, killed, then I'd probably feel like a stiff penalty (even jail) is warranted, intent or no intent.

Equate it to DUI - which I know is a poor analogy, but if in a DUI no one is injured, even if there is a crash, the driver doesn't typically go to jail, however when a fatality is involved they almost always do. Same crime, different outcomes.
For those who say yes, crime...  
mrvax : 6/23/2016 3:06 pm : link
Please hear me out. I like to learn from mistakes of others in hope of not repeating them. Let me tell you a little story:

Years ago when I was about 18, my cousin fell asleep after an 80 hour work week while driving home at 3:00am from work. He hit a pole and got most of his teeth knocked out. I thought to myself, "How the hell could a person fall asleep at the wheel? What a dumbass! He cudda, shudda, etc."

Fast forward 20 years. I was driving 50 miles home after a long shift at 1:00 am on the LIE. I was tired but nothing unusual. Somehow a bolt of adrenaline shot through me. I realized that while driving carefully with my eyes wide open that I had entered dreamland. Maybe divine providence saved me (and possibly others) from a horrific accident.

Moral: Things do not always happen as we think of them! It takes several events all lined up the wrong way to fall asleep at the wheel or leave a child unattended in a car. Since it's never happened to you, you may think that the parent is a neglectful prick and needs to be hung.

Just try to believe that if everything lines up wrong, it can and will happen to you and I pray it doesn't.

IMO, each case like this must be carefully looked at to determine if a crime was committed. Sure, if a parent lazily leaves a kid in the car in hot weather and the child dies, it's a crime. Those are rare cases thankfully.
If it's not intentional  
chuckydee9 : 6/23/2016 3:17 pm : link
Then there is no way it should be a crime.. the person has already suffered enough.. as a parent you all know that accidentally killing your child will hurt much worse than going to jail.. also why force the sibling to suffer living in foster home or other though situation when the parent themselves were negligence and will definitely have learned their lessons from this...
All this is based on the fact that the parent forgot and did not do this intentionally.
RE: For those who say yes, crime...  
robbieballs2003 : 6/23/2016 3:20 pm : link
In comment 13006403 mrvax said:
Quote:
Please hear me out. I like to learn from mistakes of others in hope of not repeating them. Let me tell you a little story:

Years ago when I was about 18, my cousin fell asleep after an 80 hour work week while driving home at 3:00am from work. He hit a pole and got most of his teeth knocked out. I thought to myself, "How the hell could a person fall asleep at the wheel? What a dumbass! He cudda, shudda, etc."

Fast forward 20 years. I was driving 50 miles home after a long shift at 1:00 am on the LIE. I was tired but nothing unusual. Somehow a bolt of adrenaline shot through me. I realized that while driving carefully with my eyes wide open that I had entered dreamland. Maybe divine providence saved me (and possibly others) from a horrific accident.

Moral: Things do not always happen as we think of them! It takes several events all lined up the wrong way to fall asleep at the wheel or leave a child unattended in a car. Since it's never happened to you, you may think that the parent is a neglectful prick and needs to be hung.

Just try to believe that if everything lines up wrong, it can and will happen to you and I pray it doesn't.

IMO, each case like this must be carefully looked at to determine if a crime was committed. Sure, if a parent lazily leaves a kid in the car in hot weather and the child dies, it's a crime. Those are rare cases thankfully.


Are you comparing falling asleep at the wheel to leaving a child in a car for 9 hours?
I almost did it the very first time I drove alone with my kid  
Go Terps : 6/23/2016 3:23 pm : link
After that, never again.
RE: If it's not intentional  
leatherneck570 : 6/23/2016 3:23 pm : link
In comment 13006430 chuckydee9 said:
Quote:
Then there is no way it should be a crime.. the person has already suffered enough.. as a parent you all know that accidentally killing your child will hurt much worse than going to jail.. also why force the sibling to suffer living in foster home or other though situation when the parent themselves were negligence and will definitely have learned their lessons from this...
All this is based on the fact that the parent forgot and did not do this intentionally.



Intentions have NOTHING to do with it. It is NEGLECT, and yes, you should go to jail if they die because you can't supervise your 3 year old in the bathtub or figure out you're too tired to watch them.
RE: If it's not intentional  
robbieballs2003 : 6/23/2016 3:23 pm : link
In comment 13006430 chuckydee9 said:
Quote:
Then there is no way it should be a crime.. the person has already suffered enough.. as a parent you all know that accidentally killing your child will hurt much worse than going to jail.. also why force the sibling to suffer living in foster home or other though situation when the parent themselves were negligence and will definitely have learned their lessons from this...
All this is based on the fact that the parent forgot and did not do this intentionally.


The issue shouldn't be the punishment or sentencing. However, this should be considered a crime. Arguing over what punishment fits the crime is different but this is a crime.
Some of you guys are right. Shit happens I guess.  
GiantFilthy : 6/23/2016 3:24 pm : link
One time I forgot a grocery bag in the car that had four packs of raw chicken. It remained there for an entire hot summer weekend.

Should I have gone to jail?!

I think the drive to work Monday morning was punishment enough. Hey, we are only human. We all forget about groceries or that we have a kid sometimes.

Not to make excuses but I was pretty tired that Friday and someone at the office had stolen my sandwich from the company fridge.
I'm always amazed  
JesseS : 6/23/2016 3:25 pm : link
at how people point fingers at people for things that could happen to anyone. Premeditated murder is one thing, but these things happen.

NO ONE THINKS IT WILL HAPPEN TO THEM UNTIL IT DOES.

As I've mentioned on here, I'm a psychotherapist. Very rarely does someone come in and say, whelp, I knew that was going to happen to me! Life is full of things like these. Usually, things work out. Usually something clicks and we're pulled back in.

I can think of a time my wife brought my son to work with her accidentally, forgetting he was in the car (and obviously realizing it when she got to work). I can't imagine what people would say about my robo-wife, who works 75 hours a week and still is an amazing mom that takes zero short cuts, has unlimited patience and is my role model.

I can think of myself crossing 3 lanes of traffic and almost killing myself and my 6 month old because he was up every 45 minutes for 2 months straight and I was severely sleep deprived. I can't imagine what people would have said about how bad of a parent I was and how I was careless or heartless are an idiot, when I was exhausted at home and spending my day working with kids in crisis on suicide watch.

I think of the time my wife 2 weeks ago, when I was showing my coworkers my house (had a retreat at my house) and my wife, who I've never seen do this, had left her hair straightener on. I imagine my infant daughter probably threw up or my 3 year old was running around like a maniac when we were trying to get out the door. What would people say? Careless? Vain? Cares more about her appearance than her family?

I can think of a time when my daughter was 3 months old and first going to day care (my wife was done with maternity leave). I took my kids to daycare. My son was having a toddler meltdown and everyone was late because of it. Daycare needed more wipes and diapers and I had to get their sheets for their cribs out of the drier. My daughter was in her infant seat and I picked it up and put it on the table, so I could strap her in. Just then, my son fell and bumped his head and was hysterical, so I dropped everything and ran to the room he was in. I soothed him and sang to him and somehow carried everything, including my son, with infant carrier in my other hand. I didn't realize until I got to daycare, that I had never returned to the infant seat to strap her in, so while she was in her seat, she wasn't actually buckled in. What would people say if I got in an accident? Bad, bad father? I'm not doting [/] enough?

I think that article said something that hit the nail on the head. It had a quote fro a psychologist.

[i]Humans, Hickling said, have a fundamental need to create and maintain a narrative for their lives in which the universe is not implacable and heartless, that terrible things do not happen at random, and that catastrophe can be avoided if you are vigilant and responsible.


Whoever said he or she is a doting parent, and that's what separates him or her, is either really, really righteous, or wants to believe it couldn't happen to him or her(I'm assuming the latter).

It's a horrific thing, but shit like this happens, despite best attempts to prevent it.

I don't know squat about this case and I'm not terribly interested in reading the details, since I hear enough sad stuff during my job, but the people in that article just made me sad for them. All I could think of was how fortunate I am and how horrible I felt for them, because I fuck up sometimes too.
This thread is a great reminder of why so many people  
BrettNYG10 : 6/23/2016 3:25 pm : link
Shouldn't be having kids.
the article makes a good point  
Vanzetti : 6/23/2016 3:26 pm : link
moving car seats to the back is responsible for a lot of this. People would be a lot less apt to forget a kid in the front seat.

Maybe car seats should have a cage made to withstand the impact of emergency air balloons.

But to answer the question: I think it is a crime but the punishment should be community service where you go around to schools and warn parents about child safety. That would benefit society and probably make the person feel a bit that their child had not died in vain. Jail time makes no sense
==========  
GiantFilthy : 6/23/2016 3:27 pm : link
Quote:
JesseS : 3:25 pm : link : reply
It's a horrific thing, but shit like this happens, despite best attempts to prevent it.

I mean, what attempts can these parents make to prevent forgetting they have their own damn kid in the back seat?
I should add  
JesseS : 6/23/2016 3:29 pm : link
that there are cases where this sort of thing IS criminal. Purposely leaving your kid in a car because you want to hang with your friends and then forgetting to go back out to your car for 3 hours etc. Only illustrating that there are times where I don't think it should be.
RE: This thread is a great reminder of why so many people  
robbieballs2003 : 6/23/2016 3:29 pm : link
In comment 13006455 BrettNYG10 said:
Quote:
Shouldn't be having kids.


Haha
Some people argue  
pjcas18 : 6/23/2016 3:31 pm : link
driving sleep deprived is just as dangerous and irresponsible as driving drunk.

There was even a mythbusters that confirmed the dangerous part of it.

Filthy  
JesseS : 6/23/2016 3:31 pm : link
I meant in general. Bad stuff happens even if we make good choices.

I think I mentioned how people can accidentally forget things, even something monumentally important. 99.9% of the time, it's for a split second (don't quote me on that lol).
I cannot fathom leaving my kid in the car.  
robbieballs2003 : 6/23/2016 3:34 pm : link
I am always worried when I don't here him like maybe the belt was too tight and maybe it is cutting off his breathing. My mind is always on him.

I also do not understand the argument that this could happen to anyone. No offense but this isn't about YOU. Who cares about what YOU feel? This isn't about YOU. This is about a child who isn't able to take care him/herself and the responsibility falls on the one who made the decision to have the child.
==========  
GiantFilthy : 6/23/2016 3:35 pm : link
Quote:
Filthy
JesseS : 3:31 pm : link : reply
I meant in general.

Gotcha!
Then you're a better man than I  
JesseS : 6/23/2016 3:36 pm : link
When I don't hear my kid, I assume he fell asleep in his carseat.
RE: Some people argue  
robbieballs2003 : 6/23/2016 3:38 pm : link
In comment 13006470 pjcas18 said:
Quote:
driving sleep deprived is just as dangerous and irresponsible as driving drunk.

There was even a mythbusters that confirmed the dangerous part of it.


Mythbusters is awful but I get your point and it is very dangerous. My point was that driving while tired happens but falling asleep just pops up on you. That has happened to me a few times and I have pulled over. One time I was 10 minutes from home and I pulled over in a parking lot and took a nap before getting home. There are statistics that show how dangerous it is. When you choose to operate a vehicle you are subject to criminal charges. They are just harder to prove. Forgetting a child for X hours doesn't happen instantly. They are really not comparable.
RE: RE: If it's not intentional  
chuckydee9 : 6/23/2016 3:39 pm : link
In comment 13006446 robbieballs2003 said:
Quote:
In comment 13006430 chuckydee9 said:


Quote:


Then there is no way it should be a crime.. the person has already suffered enough.. as a parent you all know that accidentally killing your child will hurt much worse than going to jail.. also why force the sibling to suffer living in foster home or other though situation when the parent themselves were negligence and will definitely have learned their lessons from this...
All this is based on the fact that the parent forgot and did not do this intentionally.



The issue shouldn't be the punishment or sentencing. However, this should be considered a crime. Arguing over what punishment fits the crime is different but this is a crime.


Thats what I am getting to.. you can call it crime but then don't put the parent in jail for life for something like this.. if truly an accident then small punishment/community service should suffice..

Robbie  
JesseS : 6/23/2016 3:39 pm : link
I just reread what you wrote earlier. When I say times when it isn't criminal, I misspoke. I mean I don't think someone should be going to jail for 20 years for murder. Is it technically still criminal? Of course.
as others  
Les in TO : 6/23/2016 3:39 pm : link
have noted and as mentioned in the article, it is usually a perfect storm of circumstances that have led to these tragic cases - a change of routine, an unexpected emergency, sleep deprivation of the parent, other stresses etc.

I think you need to ensure these cases still lead to criminal charges to ensure general deterrence. It is unacceptable that babies die in such a horrific manner (the one referred to in the article as the "worst case" of infant hypothermia" may have been the saddest thing I'ver ever read, and I've heard some really brutal ones from the holocaust, 9/11 and other atrocities. Rather than punishment assuming the facts are that the parent was a great loving parent who for a variety of reasons "forgot" and they are truly broken and filled with grief, putting them in jail is not going to accomplish any rehabilitation. obviously, if they were drunk, on drugs, consistently neglectful, or otherwise culpable then lock them up and throw away the key.
RE: RE: For those who say yes, crime...  
mrvax : 6/23/2016 3:50 pm : link
In comment 13006436 robbieballs2003 said:
Quote:

Are you comparing falling asleep at the wheel to leaving a child in a car for 9 hours?


No. I don't want to weigh in on this specific case. I just want folks to be aware that our pre-conceived notions are sometimes flawed or missing information. JesseS' 3:25 post says it better. BTW: hope you are doing well.

Gotcha  
robbieballs2003 : 6/23/2016 4:01 pm : link
I agree things happen when you don't expect them and that is why they call them accidents. I just find it odd that a parent could forget their kid for that amount of time and call it an accident.
Robbie  
JesseS : 6/23/2016 4:04 pm : link
I hear what you're saying. I think we're basically arguing semantics but are coming from similar places.
Holy shit this thread had a lot of scary stuff  
Tuckrule : 6/23/2016 4:06 pm : link
I for one take extreme measures with my child. I make sure the house is secure as far as anything dangerous she could touch. I never leave her in her chair on a table or walk away for a minute.

I don't fault people for being absentminded or not as careful as me because I am a type A personality. I do not forget, leave thing behind or make careless decisions like crossing 3 lanes with my child in the car because I'm tired. If your tired take a taxi. When I buckle my child into her car seat. I yank on that thing 5 times before I get into the driver seat. Some of these things are easily avoidable by taking proper measures. I'm just shaking my head and cringing at all the things I've read on here
RE: For those who say yes, crime...  
Randy in CT : 6/23/2016 4:06 pm : link
In comment 13006403 mrvax said:
Quote:
Please hear me out. I like to learn from mistakes of others in hope of not repeating them. Let me tell you a little story:

Years ago when I was about 18, my cousin fell asleep after an 80 hour work week while driving home at 3:00am from work. He hit a pole and got most of his teeth knocked out. I thought to myself, "How the hell could a person fall asleep at the wheel? What a dumbass! He cudda, shudda, etc."

Fast forward 20 years. I was driving 50 miles home after a long shift at 1:00 am on the LIE. I was tired but nothing unusual. Somehow a bolt of adrenaline shot through me. I realized that while driving carefully with my eyes wide open that I had entered dreamland. Maybe divine providence saved me (and possibly others) from a horrific accident.

Moral: Things do not always happen as we think of them! It takes several events all lined up the wrong way to fall asleep at the wheel or leave a child unattended in a car. Since it's never happened to you, you may think that the parent is a neglectful prick and needs to be hung.

Just try to believe that if everything lines up wrong, it can and will happen to you and I pray it doesn't.

IMO, each case like this must be carefully looked at to determine if a crime was committed. Sure, if a parent lazily leaves a kid in the car in hot weather and the child dies, it's a crime. Those are rare cases thankfully.
Really bad example.
Gorillas,  
Randy in CT : 6/23/2016 4:07 pm : link
alligators, hot cars.

Yes, you are responsible for your kids' safety. If you don't think you can handle it or it is too much of a burden, consider not having kids?
How about this case?  
Vanzetti : 6/23/2016 4:21 pm : link
When I was going to college, there was a case of a man who went camping with his son. Wanted to show him the outdoors. Unfortunately, he knew nothing about the outdoors and did not realize how cold it could get in a tent at night. He had no blankets. So to keep him and his son warm, he brought the hibachi into the tent. It was nice and warm and they fell fast asleep . . . . . never to wake up again.

How about it?  
AP in Halfmoon : 6/23/2016 4:22 pm : link
he's dead
There ought to be a feature in the carseat  
spike : 6/23/2016 4:31 pm : link
that beeps while the car is turned off but the belt buckle is still on
RE: Gorillas,  
chuckydee9 : 6/23/2016 4:36 pm : link
In comment 13006552 Randy in CT said:
Quote:
alligators, hot cars.

Yes, you are responsible for your kids' safety. If you don't think you can handle it or it is too much of a burden, consider not having kids?


Obviously you don't realize that till you've had the kid.. and unfortunately there is no redo button to fix that..

On a serious note... there is a serious problem with a lot of people wanting punishment.. we already are the most punishing country in the developed world.. excessively Punishing a parent who accidentally killed their child and is already suffering isn't going to make our society any better or stop the next accident from happening..
isn't it a clearcut case of  
Alan in Toledo : 6/23/2016 4:41 pm : link
criminal negligence?
RE: RE: Gorillas,  
Randy in CT : 6/23/2016 4:46 pm : link
In comment 13006622 chuckydee9 said:
Quote:
In comment 13006552 Randy in CT said:


Quote:


alligators, hot cars.

Yes, you are responsible for your kids' safety. If you don't think you can handle it or it is too much of a burden, consider not having kids?



Obviously you don't realize that till you've had the kid.. and unfortunately there is no redo button to fix that..

On a serious note... there is a serious problem with a lot of people wanting punishment.. we already are the most punishing country in the developed world.. excessively Punishing a parent who accidentally killed their child and is already suffering isn't going to make our society any better or stop the next accident from happening..
Not punishing people who are criminally negligent certainly isn't the answer.
Over-punishing drug addicts or pot smokers/sellers is a good area to start though.
I've got 4 little kids....  
Tesla : 6/23/2016 4:48 pm : link
Our family was out somewhere for the day around a year ago and got back late at night with most of the kids asleep in their car seats. After taking them in and putting them to bed I went back out to the car to bring some our stuff in the house and lo and behold I find our 6 month old asleep in his car seat. He'd only been there about 5 minutes but I could easily see how it could have been a lot longer. I thought my wife had brought him and and she thought I had brought him in. It happens.

Bill Simmons wrote a truly great article once about his dog that had just died, and he told as story of how his toddler ran out the front door once and into the street and his dogs literally saved the kids life by standing in front of him so that a driver saw the dog and stopped instead of hitting the kid. He had a great line there that I always remembered: "Everyone with kids knows that you have to catch a few dumb breaks along the way."
RE: RE: RE: Gorillas,  
chuckydee9 : 6/23/2016 5:08 pm : link
In comment 13006641 Randy in CT said:
Quote:
In comment 13006622 chuckydee9 said:


Quote:


In comment 13006552 Randy in CT said:


Quote:


alligators, hot cars.

Yes, you are responsible for your kids' safety. If you don't think you can handle it or it is too much of a burden, consider not having kids?



Obviously you don't realize that till you've had the kid.. and unfortunately there is no redo button to fix that..

On a serious note... there is a serious problem with a lot of people wanting punishment.. we already are the most punishing country in the developed world.. excessively Punishing a parent who accidentally killed their child and is already suffering isn't going to make our society any better or stop the next accident from happening..

Not punishing people who are criminally negligent certainly isn't the answer.
Over-punishing drug addicts or pot smokers/sellers is a good area to start though.


I don't know what you mean by criminally negligent.. but read the story right below your post, should he be punished? or does it only matter if that hurt someone..
Na..  
Modus Operandi : 6/23/2016 8:00 pm : link
Apparantly, I've underestimated the extent to which some people will rationalize bad parenting.
RE: RE: RE: RE: Gorillas,  
leatherneck570 : 6/23/2016 8:15 pm : link
In comment 13006672 chuckydee9 said:
Quote:
In comment 13006641 Randy in CT said:


Quote:


In comment 13006622 chuckydee9 said:


Quote:


In comment 13006552 Randy in CT said:


Quote:


alligators, hot cars.

Yes, you are responsible for your kids' safety. If you don't think you can handle it or it is too much of a burden, consider not having kids?



Obviously you don't realize that till you've had the kid.. and unfortunately there is no redo button to fix that..

On a serious note... there is a serious problem with a lot of people wanting punishment.. we already are the most punishing country in the developed world.. excessively Punishing a parent who accidentally killed their child and is already suffering isn't going to make our society any better or stop the next accident from happening..

Not punishing people who are criminally negligent certainly isn't the answer.
Over-punishing drug addicts or pot smokers/sellers is a good area to start though.



I don't know what you mean by criminally negligent.. but read the story right below your post, should he be punished? or does it only matter if that hurt someone..


No, that's not considered criminal negligence.
Did you run into the convenience store to grab a gallon of milk?...  
Torrag : 6/23/2016 8:53 pm : link
...or leave an infant in the car seat for two hours while you were at Happy Hour?

Context matters.
RE: Na..  
Tuckrule : 6/23/2016 11:57 pm : link
In comment 13006831 Modus Operandi said:
Quote:
Apparantly, I've underestimated the extent to which some people will rationalize bad parenting.


So well put and evident by this thread
Apparently...  
manh george : 6/24/2016 12:42 am : link
I have underestimated the extent to which people think the criminal justice system is about vengeance.

I thinks it's a crime, but not necessarily one that requires jail time. It depends greatly on circumstances.

People's brains play tricks. If one can completely screw up an eyewitness identification while being 100% sure of it, one can also believe that the baby was taken elsewhere, while leaving it it the car.

Probably most deserve some jail time, but not all. And the emotional torture most of such people suffer is massively high.
I can agree with that MG  
leatherneck570 : 6/24/2016 7:25 am : link
But those excusing the behavior because of exhaustion are being obtuse. Being tired is a shitty reason for missing a deadline at work. It's an absolutely deplorable one for allowing your child to die while under your care due to negligence.
RE: RE: Na..  
chuckydee9 : 6/24/2016 7:48 am : link
In comment 13007101 Tuckrule said:
Quote:
In comment 13006831 Modus Operandi said:


Quote:


Apparantly, I've underestimated the extent to which some people will rationalize bad parenting.



So well put and evident by this thread


I am not rationalizing bad parenting.. but many here simply want vengeance for a child that is not there or even alive and have no problem punishing siblings of the child or the other parent... also punishing someone that did this accidentally won't stop the next loving parent from making accident..

For those that want to punish a parent for accidentally killing a child.. do you ever speed or go above speed limit?
RE: the article makes a good point  
Ira : 6/24/2016 8:12 am : link
In comment 13006460 Vanzetti said:
Quote:
moving car seats to the back is responsible for a lot of this. People would be a lot less apt to forget a kid in the front seat.

Maybe car seats should have a cage made to withstand the impact of emergency air balloons.

But to answer the question: I think it is a crime but the punishment should be community service where you go around to schools and warn parents about child safety. That would benefit society and probably make the person feel a bit that their child had not died in vain. Jail time makes no sense


This sounds like a reasonable solution.
RE: Some people argue  
NoPeanutz : 6/24/2016 10:46 am : link
In comment 13006470 pjcas18 said:
Quote:
driving sleep deprived is just as dangerous and irresponsible as driving drunk.

There was even a mythbusters that confirmed the dangerous part of it.

Sounds about right. We just had a new baby, and haven't been sleeping, and was afraid by the end of a long drive (in the middle of the day!) that I'd doze off behind the wheel yesterday... I'll be cutting back on that kind of thing for a few weeks.
==========  
GiantFilthy : 6/24/2016 10:56 am : link
Quote:
chuckydee9 : 7:48 am : link : reply
For those that want to punish a parent for accidentally killing a child.. do you ever speed or go above speed limit?

I do, yeah. Then I get punished for it.
RE: ==========  
chuckydee9 : 6/24/2016 11:09 am : link
In comment 13007579 GiantFilthy said:
Quote:


Quote:


chuckydee9 : 7:48 am : link : reply
For those that want to punish a parent for accidentally killing a child.. do you ever speed or go above speed limit?


I do, yeah. Then I get punished for it.


Now you get in an accident going at 75 on Turnpike.. Should you be criminally negligant and face jail time incase someone dies or is hurt badly... You aren't drunk.. its just an accident..
...  
BrettNYG10 : 6/24/2016 11:19 am : link
Why are we comparing things with punishments to make an argument that we shouldn't punish something else?
RE: RE: ==========  
leatherneck570 : 6/24/2016 11:22 am : link
In comment 13007604 chuckydee9 said:
Quote:
In comment 13007579 GiantFilthy said:


Quote:




Quote:


chuckydee9 : 7:48 am : link : reply
For those that want to punish a parent for accidentally killing a child.. do you ever speed or go above speed limit?


I do, yeah. Then I get punished for it.



Now you get in an accident going at 75 on Turnpike.. Should you be criminally negligant and face jail time incase someone dies or is hurt badly... You aren't drunk.. its just an accident..


that depends. Were you texting, weaving in and out of traffic, cutting off traffic etc...? Going a few miles over the speed limit doesn't usually make one criminally negligent in itself as driving in that manner alone doesn't usually cause the accident (assuming you're going with the flow of traffic).
RE: RE: ==========  
BrettNYG10 : 6/24/2016 11:23 am : link
In comment 13007604 chuckydee9 said:
Quote:
In comment 13007579 GiantFilthy said:


Quote:




Quote:


chuckydee9 : 7:48 am : link : reply
For those that want to punish a parent for accidentally killing a child.. do you ever speed or go above speed limit?


I do, yeah. Then I get punished for it.



Now you get in an accident going at 75 on Turnpike.. Should you be criminally negligant and face jail time incase someone dies or is hurt badly... You aren't drunk.. its just an accident..


I'm pretty sure you could be charged with vehicular manslaughter. Judgement would be required to decide whether you should be punished depending on the egregiousness of your actions.
There's been a tone around here lately  
Randy in CT : 6/24/2016 11:30 am : link
that parents are only SO responsible for their little children. "Hey, they're tricky little fuckers so sometimes they crawl in the gorilla cage when I'm not looking!"

"Sure, I locked my car in the kid all day and he croaked but look how bad I feel!!!! Why should I be punished further??"

Nut up and be responsible you fucking fucks.
RE: There's been a tone around here lately  
chuckydee9 : 6/24/2016 2:22 pm : link
In comment 13007626 Randy in CT said:
Quote:
that parents are only SO responsible for their little children. "Hey, they're tricky little fuckers so sometimes they crawl in the gorilla cage when I'm not looking!"

"Sure, I locked my car in the kid all day and he croaked but look how bad I feel!!!! Why should I be punished further??"

Nut up and be responsible you fucking fucks.


Gorilla thing is different because that hurt a third party.. She should have to pay for damages for that but to put her in jail for losing her child does no good... Also I am not saying leave your kid out there on purpose or be negligent.. but accidents do happen..
I don't really care  
Rick5 : 6/24/2016 3:46 pm : link
if it is considered a crime or not. I am more interested in thinking about how a person goes about living his or her life after something like that happens. It has to be hell on earth regardless of any time behind bars.
Correct, Rick5.  
manh george : 6/24/2016 3:55 pm : link
Consider the hell most parents go through when they lose a child to illness or accident. Now consider the hell if one of the parents is directly responsible for a child's death, through negligence.

Most marriages wouldn't survive, and the guilt and depression would be nearly infinite. Plus there are very often other children to consider.

In a case of pure negligence and/or a brain-freeze, who does a jail sentence make feel better? Posters on a message board?
RE: There's been a tone around here lately  
Tesla : 6/24/2016 3:59 pm : link
In comment 13007626 Randy in CT said:
Quote:
that parents are only SO responsible for their little children. "Hey, they're tricky little fuckers so sometimes they crawl in the gorilla cage when I'm not looking!"

"Sure, I locked my car in the kid all day and he croaked but look how bad I feel!!!! Why should I be punished further??"

Nut up and be responsible you fucking fucks.


Actually I think it's closer to the truth to say that as a society (and likely here on BBI as well) that we've become a bunch of sanctimonious assholes.

I think it's very fair to say that kids are FAR safer now than they were even a generation ago, and this generation of parents puts way more effort into raising kids than our parents did. You don't think kids were getting locked in cars in the 70's? It sure as hell happened but we didn't have the internet back then to prove how superior we all are to those shitty parents.
I agree with many on this thread.  
Randy in CT : 6/24/2016 4:06 pm : link
Oops, I accidentally killed my kid! Sorry! Won't happen again!

Some keep looking at the parent as the victim here, for their loss--There was a victim--a kid who was looking to their parent to take care of them and they failed as miserably as possible.

BTW, that kind of "accident" doesn't happen. What's going on with the individual, mentally, that tucked away somewhere in their brain, that they "forget" to get their kid out of the "oven" (car).
RE: I agree with many on this thread.  
Les in TO : 6/24/2016 4:30 pm : link
In comment 13008102 Randy in CT said:
Quote:
Oops, I accidentally killed my kid! Sorry! Won't happen again!

Some keep looking at the parent as the victim here, for their loss--There was a victim--a kid who was looking to their parent to take care of them and they failed as miserably as possible.

BTW, that kind of "accident" doesn't happen. What's going on with the individual, mentally, that tucked away somewhere in their brain, that they "forget" to get their kid out of the "oven" (car).
I think we all agree that the ultimate victims are the poor kids who are literally fried to death. reading about the kid who they found who had pulled all of their hair out in agony was one of the saddest things I've ever read, I am tearing up typing that.

that being said, I do belive that in the Harrison case and the balfour case, they were legitimate accidents. they were distracted, sleep deprived, stressed and were taken out of their comfort zone to the point where they simply assumed that they had taken the step they always do of dropping their kids off at daycare. there is an excellent interview with a neurologist in the article I linked that explains the "perfect storm" of factors that can impact and overwhlem the brains of these parents. there were no drugs, no alcohol and no proof of malice or psychosis involved.
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