How is this not murder?

[WWVaBeach]

Or at least manslaughter?

[KD in CA]

Sadly, that happens all too frequently for parents who are sober. It's easy to fall asleep on the coach at 3 am with an infant in your arms after rocking them back to sleep for the nth night in a row.

 

But it certainly makes you have less sympathy for the parent if they spent the night boozing and smoking dope.

[WWVaBeach]

Sadly, that happens all too frequently for parents who are sober. It's easy to fall asleep on the coach at 3 am with an infant in your arms after rocking them back to sleep for the nth night in a row.

 

But it certainly makes you have less sympathy for the parent if they spent the night boozing and smoking dope.

 

That's why I asked the question. Maybe they're waiting for the woman's blood test results before a more severe charge.

[bartshan-83]

We talked about this a little in the North Carolina case thread awhile back.

 

It's not murder because murder requires malicious intent. So unless the mother intended to kill or cause serious injury to her child, there is nothing here.

 

It's not voluntary manslaughter because that is almost universally defined using the same criteria for murder, the only difference being an "adequate provocation" (i.e. finding your wife in bed with another man).

 

It may be involuntary manslaughter. That usually requires either "criminal negligence" which is basically gross negligence (ie recklessness) or "unlawful act manslaughter" which is basically committing a misdemeanor that causes the death even though there was no intent to kill.

 

It is possible that since she admitted to smoking marijuana and drinking (how much would be important), that her negligence in her treatment of her child could rise to that of recklessness.

 

However, from my very brief review of the VA code, there is not a whole lot of difference in the penalties between involuntary manslaughter and felony child neglect. In fact, if I'm reading it correctly, one form of felony child neglect is actually a higher class felony than involuntary manslaughter. So she could actually end up facing more time with that charge. Now this doesn't mean she shouldn't be charged with both if the facts fit, but rest assured that the crime she is currently being charged with is no more lenient than involuntary manslaughter.

[BuffaloBill]

We talked about this a little in the North Carolina case thread awhile back.

 

It's not murder because murder requires malicious intent. So unless the mother intended to kill or cause serious injury to her child, there is nothing here.

 

It's not voluntary manslaughter because that is almost universally defined using the same criteria for murder, the only difference being an "adequate provocation" (i.e. finding your wife in bed with another man).

 

It may be involuntary manslaughter. That usually requires either "criminal negligence" which is basically gross negligence (ie recklessness) or "unlawful act manslaughter" which is basically committing a misdemeanor that causes the death even though there was no intent to kill.

 

It is possible that since she admitted to smoking marijuana and drinking (how much would be important), that her negligence in her treatment of her child could rise to that of recklessness.

 

However, from my very brief review of the VA code, there is not a whole lot of difference in the penalties between involuntary manslaughter and felony child neglect. In fact, if I'm reading it correctly, one form of felony child neglect is actually a higher class felony than involuntary manslaughter. So she could actually end up facing more time with that charge. Now this doesn't mean she shouldn't be charged with both if the facts fit, but rest assured that the crime she is currently being charged with is no more lenient than involuntary manslaughter.

 

 

Thanks for the insight but what a sad situation.