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Forgetting a Child in a Car Is a Horrifying Mistake. Is It a Crime? (2009)

washingtonpost.com

51–60 of 234 posts

Re: Forgetting a Child in a Car Is a Horrifying Mistake. Is It a Crime? (2009)

#51

Yes, someone who can think like this is probably going g to be a better parent than say these two [0] who probably never intended to get pregnant and likely have never considered the well being of their child and are hoping that welfare payments will keep them in weed and cigarettes. [0] https://i.redd.it/3r7vn6uyemcz.jpg

Do you know something about "those two", or are you just judging from appearances?

Well she is heavily pregnant and is holding a pack of cigarettes in her hand, so even if you ignore everything else in the picture, I can judge a prospective parent on that alone. If you cannot stop smoking for the 9 months that you are carrying a child inside you then you are already failing a child that has not even been born yet.

Re: Forgetting a Child in a Car Is a Horrifying Mistake. Is It a Crime? (2009)

#52
post #33

Articles like this make me very glad the the Supreme Court of Canada ruled in 1985 that it is unconstitutional to imprison someone for an "absolute liability" offense. Put another way, while someone can be thrown in jail over a mistake if they were reckless , there must be a "due diligence" defense available. Absent extreme circumstances, it would be very hard for a case like this to come to trial in Canada.

Not sure what you are referring to, but leaving unattended children in cars is quite strictly illegal in Canada.

Yes, it's illegal -- if there is intent or recklessness.

Re: Forgetting a Child in a Car Is a Horrifying Mistake. Is It a Crime? (2009)

#53
post #31

This is a great way to analyze the purposes of the criminal justice system. Typically, there are three: punishment, deterrence, and rehabilitation. Prosecuting someone who forgot their kid in the car can't have deterrent effect--to the extent the event was avoidable, the possibility of prosecution couldn't possibly match the deterrent effect created by the risk of harm to the child. Likewise, there is no rehabilitati…

You don't just need to consider whether they would do it again. You also need to consider whether, if he gets off scot free, some unhappy depressed parent will do it on purpose and then claim she "forgot". So in this regard a punishment would both serve as a deterrent and reinforce societal norms.

Re: Forgetting a Child in a Car Is a Horrifying Mistake. Is It a Crime? (2009)

#54
post #48

Earlier quoted context omitted.

Yes kids survive these situations but sometimes the result is they become shitty humans. Just keeping a kid alive is not parenting.

I doubt there is much correlation between whether your parents are careless/careful and whether you are a shitty human.

Really? You know that abused children are much more likely to become abusers when they are older right? https://www.ncbi.nlm.nih.gov/pubmed/11731348

Not only is there correlation but there is causation. And it applies not only to sexual abuse but to physical and emotional/mental abuse too.

So yes, having shitty parents is more likely to result in children turning into shitty adults. It's not a foregone conclusion but the odds are not in the child's favour.

Re: Forgetting a Child in a Car Is a Horrifying Mistake. Is It a Crime? (2009)

#55

Earlier quoted context omitted.

Do you know something about "those two", or are you just judging from appearances?

Well she is heavily pregnant and is holding a pack of cigarettes in her hand, so even if you ignore everything else in the picture, I can judge a prospective parent on that alone. If you cannot stop smoking for the 9 months that you are carrying a child inside you then you are already failing a child that has not even been born yet.

I've often carried packs of cigarettes, yet I never smoked in my life.

Re: Forgetting a Child in a Car Is a Horrifying Mistake. Is It a Crime? (2009)

#57

  AskYN: if while reading this post one figures out a lowtech solution to half of them, to whom if one is publicity twice-burnt send a foolproof NDA for one's 20.09 $m valuation of ... asking for a friend half buried in sand of course.  In arizona.  With an impending flash flood.
.......................... the above is only fiction, 'believe you me' .......................... I did not have ideas with that womaYn -nix it .......................... And from the Psalms sermon of today or ayer. .......................... The half not saved may small and great each pray for grace and CARS berate. ..................... But I am of course thinking too optimistically. .................... Perhaps it does not pan out. ..................... Which reminds me the Harpers C of course poem issue 114 I think ...................... The great god pan had lost his pipes and bellowing with pain He thrashed the forests through and through and stormed across the plain At last in his wild wanderings he found a ....drum [forgot that word, 1975] And in his rage he beat it loud until the world was dumb And rumbling like a thunder cloud he heard the armies come. When at first he heard the armies clash across the bleeding lands [ prob inaccurate] He leaped on his hoofed feet with glee but now dismayed he stands Dismayed at the world's grief even he And weeps between his hands. ................................. Source: Sonoma St College library on a cart. .............................. Just putting some entertainment out there .............................. in case my idea does not hold water. ............................... And so I may be not so frowned upon .............................. Or looked on as greedy .............................. Rent in ... 23 days or so you know. .............................. signed. ................................. nope. Noping out of here.

Re: Forgetting a Child in a Car Is a Horrifying Mistake. Is It a Crime? (2009)

#58
post #49

Earlier quoted context omitted.

Is it illegal to accidentally leave an unattended child in a car? The entire point of the article is accidental, not intentional, incidents.

Yes. The relevant charge would be child abandonment, criminal negligence, or failing to provide necessaries of life.

child abandonment

Section 218 of the Criminal Code requires intent to abandon the child. (And also reasonable foreseeability that danger would result.)

criminal negligence

Section 219 requires wanton or reckless disregard for the lives or safety of other persons.

failing to provide necessaries of life

Section 215 requires a marked departure from the conduct of a reasonably prudent person in similar circumstances.

Re: Forgetting a Child in a Car Is a Horrifying Mistake. Is It a Crime? (2009)

#59

Articles like this make me very glad the the Supreme Court of Canada ruled in 1985 that it is unconstitutional to imprison someone for an "absolute liability" offense. Put another way, while someone can be thrown in jail over a mistake if they were reckless , there must be a "due diligence" defense available. Absent extreme circumstances, it would be very hard for a case like this to come to trial in Canada.

You say it's not possible to imprison someone for an absolute liability offence. You also say it would be hard for a case like this to come to trial. Surely it would still come to trial but the punishment would be something other than prison?

No. An absolute liability offense is unconstitutional if the maximum penalty is incarceration; this can't be dodged by simply not asking for that penalty to be applied.
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