Quote:
Originally Posted by markg91359
Excellent, Phil.
What some people never do is take the time to realize that the police, lawyers, and judges are bound by written statutory law. They can't just do whatever is emotionally appealing.
Most statutes require some form of intent for there to be a conviction. The exception to this rule is a statute that makes an accidental death or killing negligent homicide or manslaughter. Statutes that make accidental death a crime generally rely on proof of carelessness or recklessness. Ordinarily, that carelessness is not the same type of carelessness involved in doing something like running a stop sign or failing to see a car stopped on the road ahead. It may require being under the influence of alcohol or drugs. Criminal negligence would be required in my state to charge someone with the death of an infant left in a car seat. Criminal negligence has been defined by the courts here as being extremely careless. A busy parent who forgets their infant is in a car seat for an hour or so probably wouldn't meet this standard where I live. Perhaps, a parent who forgot and left a child in a car seat for three hours or four hours might. A parent under the influence of alcohol or drugs at the time would be charged.
Than there is the element of prosecutorial discretion. Prosecutors have a right to decide not to file charges in some cases. If people want to dispute that, they can go talk to the state attorney general. Prosecutors don't like to waste their time and they don't like to take cases that are speculative. They have limited resources and they can't file charges everytime the police bring them a report. Of course, the taxpayers don't seem to understand why they can't get the same service out of the criminal justice system if they cut budgets for prosecutors and police by 10% in one year.
Some people abhor any complexity in life. But that's how and why it works.
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Mark,
You are absolutely correct. Its something I've been fighting for, arguing against, etc on this forum and others. I'm a police officer and I have to operate within the guidelines of the authority issued to me and given too, by the people of the state. The general public is generally ignorant to the true facts, and/or what true authority there is. They watch too much tv and believe what they see. Internet rumors, et al fuel their approach and thoughts to "true crime." However, they, in general, have no real clue what it is they are talking about and allow their emotions to cloud their judgement.
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