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
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Punishing people isn't always the answer. It rarely is actually.
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.
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.....
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)).
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.
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.
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.
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.
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.
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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.
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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?
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In comment 13006218 pjcas18 said:
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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.
Horrible; not sure how I'd live with myself if that happened.
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In comment 13006197 Fred in Atlanta said:
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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.
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?
Oops just doesn't cut it.
Reckless endangerment and Manslaughter for example.
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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?
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.
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.
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.
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.
All this is based on the fact that the parent forgot and did not do this intentionally.
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?
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.
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.
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.
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.
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
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?
Haha
There was even a mythbusters that confirmed the dangerous part of it.
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 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.