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As for the major question the articles raises, I think it's somewhat straightforward. There are a number of different legal types of negligence (criminal, gros
by turc1656 9y ago
As for the major question the articles raises, I think it's somewhat straightforward. There are a number of different legal types of negligence (criminal, gross, culpable, etc). I'm not a lawyer, but I believe these people should be charged with some type of negligence-related crime. Whether it's manslaughter or something else, I cannot say because I don't know enough. But to me, it's clear - these parents had a responsibility and they failed in a major way. Sure, it may have be unintentional, but it still happened. Drunk drivers don't intend to kill people. But I don't hear anyone coming to their defense. Everyone seems perfectly fine demonizing them and holding them to account for their negligent actions. Why should it be any different here? Hell, I might go so far as to argue it is worse here because statistically the odds are not all that likely that any one particular instance of drunk driving results in an accident or death. The odds are just increased. However, the odds are insanely high that if a parent makes this error that their child will die in each/any instance.
I do understand the desire to not prosecute because people feel they are already suffering and that it was not intentional and that these people aren't likely to ever make this mistake again. I get it. But like I said, it's an issue of a mistake so horrendously bad that someone died. They need to be charged. Let a jury decide on a case by case basis whether or not a person needs to be jailed for their actions. Also, let's consider the other side of this. What if by charging and jailing these individuals it actually helps them in the long run emotionally? What if these people feel that they are serving their time and paying their debt to society? What if that helps them feel like they can move on because society has deemed their punishment now satisfactory and complete? And wouldn't it make them less of a pariah in society because people would know they served their time and didn't just get off without punishment?
Lastly - I want to talk about that idiot juror Colin Rosse who said, "It may have been negligence, but it was an honest mistake." I'd really love to see if that sentiment held up if, for example, Colin Rosse's child was put in jail and was forgotten for 5 days and received no food or water (like what happened with Daniel Chong in 2012). I'm sure Rosse would be ok with everything because it was an honest error, right? And what if someone was daydreaming or just very tired while driving and ran their kid over and killed them? Rosse sees no issue with this, right? As long as there was no intent all is well, yeah? I'm sure that fool would be the first one on the news demanding legal action and that the person/people be held accountable.