[ruksak]

Quote by: Chancellor She chose not to make sure she took her kid to where she was going to take it.

No. She never made a conscious choice. Tinybear posted an example of a parent making a conscious choice to leave their kid in the car unattended. In this case, the women just "forgot", however awful the outcome of her forgetfulness.

Quote by: gallo Do you understand the legal meaning of the word 'negligence'?

Yes, hence my citing of her behavior as negligent. Which is why I thought this would make good debate fodder. There are two kinds of negligence; Voluntary and involuntary. Some people choose to be negligent. Sometimes the negligence is spawned from no choice being made, or no conscious awareness that a negligent act is being committed.

Quote by: Traid I absolutely hate how the media has to include, "Hooters mom" in the headline.

Thats one of the first things that stuck in my craw. I suppose it makes it easier to hate her. No doubt the prosecutor will rely on this during the trial.

Quote by: ZNFYRH I have never once forgotten about my child being in the car... asleep or not. Part of what I think has made me an excellent parent is that I am always, somewhere in my mind, thinking about my children.

I believe this is why I have so many dreams in which I lose track of my daughter. Because I am always thinking of her. I cannot fathom just up and forgetting my daughter.

For the law to address this, is not surprising to me or unwarranted. What is unwarranted is arresting her immediately and jailing her when she should at least be allowed time to grieve. She is not a menacing criminal. Not a danger to herself or others (an exception being made for her child care skills).

Prison is as much a punishment as it is a deterrent. In this case, neither applies as functional. She, or others, will not be deterred from committing an unforeseeable act; See 'Shit Happens' bumper sticker for this conformation. Why punish someone for a mistake? As I said earlier. Hitting a baseball throw a window is negligence. Is it negligent vandalism? Forgetting to salt your icy walkway is negligent. Is it negligent battery? Why are these examples not prosecutable crimes?
Is it because there isn't a parallel emotional response as we see when a child gets injured?

Quote by: Isherwood It is generally believed in the legal community that punishment can be a deterrence. Why do we convict and punish people for petty theft even when the property is returned? We hope their punishment will deter them and others from considering this an acceptable behavior. In this case, the state may seek punishment in hopes that it will be a deterrent for others, that they may think twice and avoid such negligence. A social psychologist would have to say whether or not it truly serves that purpose. From statistical evidence, I tend to think the idea of deterrents is wishful thinking. I haven't heard of many criminals being turned away from a life of crime because of the punishments handed down to others like themselves.

Damn Ish, law degree? Or too much Law & Order?