Death in the back seat: accident or a crime?
If a parent makes a foolish mistake and a child is killed as a result, what should the consequence be?
This is the question facing authorities in Howard County, where a 23-month-old girl died after spending nine hours alone in a hot car. Every summer -- tragically and predictably -- a spate of such horrifying incidents is reported around the country.
Such cases are deeply vexing because they stir conflicting responses. On the one hand, most people feel strongly that the death of an innocent child ought to be punished. And yet, the parent who is guilty not of cruel behavior but of a horrendous error has already suffered the worst kind of punishment imaginable, by causing the death or his or her own child.
The response of Howard County officials to the case at hand is a bit curious. The mother who left the child in the car has not been charged, and a police spokeswoman said charges likely wouldn't be filed if the incident is "determined to be accidental." The state's attorney, Dario J. Broccolino, said his office would review the police findings, adding, "There are a million variables in these kinds of cases."
"Determined to be accidental"? What other explanation could there for what happened here? Only a monstrous psychopath would intentionally leave a child to bake in a hot car. As for the "million variables," that just isn't the case. Rather, these kinds of incidents (15 children have died in locked cars this year, according to Safe Kids USA) are all depressingly similar: A distracted parent or guardian simply forgets that he or she has a small child in the back seat, parks the car and leaves.
The legal responses to such cases seem to vary considerably, with little rhyme or reason to explain the variations. A Bowie woman was charged with reckless endangerment, although her 14-month-old survived. A Virginia man was charged with involuntary manslaughter when his toddler died. (Worth researching: Is the justice system less forgiving of men in such cases?). But our Ellicott City woman, apparently, is unlikely to face any charges at all.
"I can't imagine that any judge can hand down any sentence that is worse than what the parents are doing to themselves," State's Attorney Broccolino said.
That's no doubt true, but it accounts for only one aspect of our system of justice: the inflicting of punishment on the guilty. The system aspires to do other things, like giving a victim a kind of post-mortem justice by valuing the life that has been lost. And yet, society finds it difficult to do this when a death is accidental rather than intentional; just consider the often startlingly light sentences -- sometimes no jail time at all -- given to drivers guilty of vehicular homicides.
Should the law, and society, be tougher on those who cause death through accident or negligence? And should it matter whether the culpable person is a parent of the victim?
Categories: Law and criminal justice
Comments
This is a hard one to call. Few, concrete facts have been released in this most recent case. "Change in routine" seems to be the explanation offered in many of these cases. Still can't help but wonder about the state or lack of mind that leads to these incidents.
Posted by: ruth | July 6, 2009 2:55 PM
You play right into the hands of the "right to life" folks. They too say they are taking up for victims without voices by valuing the lives that have been lost in the abortion mills.
These deaths of infants and toddlers in the back seats of cars are a sign of the times. Child care is an onerous and undervalued job. Many unprepared parents are bored and frustrated by it. Yearning to bolt they get forgetful. Parents also juggle disparate demands that divert them from their child care duties. Technology, instead of helping, has exacerbated the problem, by being a distraction, leading to miscommunication between family members.
Nevertheless should we call what has happened in this case a crime? We should. I can't believe the parents of this 23 month old toddler didn't let her obtrude on their consciousness for nine whole hours. That is negligent amnesia. They should be punished, not by jail time, but by several hours of community service rendered in a child care center under the close supervision of child care experts.
Posted by: Anonymous | July 6, 2009 5:14 PM
Anonymous talks as if they believe a child is just another chore needing some of your attention during the day.
The dead children are nothing more than a "a sign of the times".
They say "Child care is an onerous and undervalued job."
Who is supposed to "value it" for you? Are you looking for a pat on the back for just TRYING to raise a child?
I guess you never had children?
Posted by: Anonymous | July 6, 2009 10:12 PM
Anonymous,
--I am merely making observations about what is going on in society today. I actually agree with you--if you are a parent you cannot expect pats but young people today are too distracted and do not have much help from extended families. Several are also single moms. In this recession they are wracked by financial problems. Everything adds up. Notice I called this a crime and I deplored that the parents did not even let this child intrude on their consciousness for twelve hours. It is the duty of the parents to take parenting seriously-- agreed-- but societal help and pats on the back for a job well done--actual respect for parenting--from employers, neighbors and others--will make the job pleasant (whether you agree or not, parenting is a far more difficult job then all the other jobs we have invented) easier to bear and when parents are less harried may be these kinds of accidents will decrease. That does not mean I excuse parents for neglecting their children. You should read my entire posting and comprehend it in context instead of arguing against a few sentences you disagree with.
Posted by: Anonymous | July 7, 2009 11:35 AM