Wednesday, July 13, 2011

Solution In Search Of A Problem

Predictably, legislators are trying to pass a law designed to prevent the unique circumstances of the Casey Anthony case from happening again.

[Politicians have] sponsored an "offenses by caregivers" bill that would make it a felony for a parent, guardian or other adult in charge of a child 12 years old or younger to not report the child's disappearance within 48 hours. The bill also would apply to a caregiver who knowingly fails to report a child's death or the location of a child's body within two hours of learning such information.

Anyone who lies to police or misleads them about a child they know to be in danger also would be guilty of a felony. Anthony, acquitted Tuesday of murdering her 2-year-old daughter, was given four years in jail Thursday on four misdemeanor counts of lying to investigators.

Is there a problem with people not reporting the death or disappearance of kids?  Will those who are a little late, for whatever reason, be tossed in the pen?  What about a kid dying and you're grieving so much you don't report it for three hours--how much jail time should you do for that?

As for lying to the police, that's already a crime, and a fairly serious one.  I don't see how these kinds of lies need to be treated specially.  And how does a court determine if you knew a kid was in danger?  Hate to have a jury decide that one.

No doubt Caylee's Laws will be passed throughout the nation, and demagogues will argue that anyone who opposes them doesn't care about children.

2 Comments:

Anonymous Anonymous said...

Every case is assumed to have a legislative solution and no one seeking reelection ever went wrong by proposing legislation to get tough on criminals. Usually the law and order candidate will propose some thing during the elction to increase minimum sentences forserious crimes - even if only a few weeks or months (I think they hold off hold time so they can propose additional extensions in future elections)

3:33 AM, July 13, 2011  
Anonymous Denver Guy said...

It's just ridiculous. Because, while a mother who killed her child normally wouldn't report the death, if she knew she faced charges of violating Kaylee's Law, then she definitely would.

The fact is, if they are trying to create a lesser-included offense, I think those already exist on the books. Basic parental negligence statutes should suffice.

8:35 AM, July 13, 2011  

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