Quote:
Originally posted by TexLex
However, those who are guilty of more than just forgetfulness (see my drunk mom leaving kid in car post above) should get more than a sympathy card from the prosecutor. And I assume you feel differently about those who are guilty of sheer stupidity - those who claim they thought it would be OK to leave baby in the car in 100 degree heat ("just for a few minutes") on purpose?
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The law already has tools to distinguish between people who harmed others unintentionally as a result of inadequate carefulness, and those who intentionally engage in a harmful act incorrectly believing it to be harmless (as in your "stupidity on purpose" scenario).
I think your examples are better suited to a case-by-case analysis. For the "I forgot I had the baby" crimes, which I think are entirely different because they involve no conscious act, the case is clearer.
Typically, to constitute involuntary manslaughter, (1) the defendant's conduct must involve a high degree of risk of death or serious bodily injury, and (2) the defendant must be aware that his conduct creates this risk. Here, the prosecutors are taking a very loose view of (2) to ask whether a reasonable person would know that leaving the baby in the car could kill or injure it. The proper analysis is whether the defendant knew that
what he was doing presented that risk. If he didn't know he was leaving the baby in the car, no crime was committed, just as sure as if someone had placed the baby in the trunk without his knowledge and it remained asleep the entire time.
