When Courts Target You

Disclaimer: False names used to protect privacy.

A state appeals court in Florida reversed the felony murder conviction of a woman who accidentally left a baby in a hot car, resulting in the child’s death. As a father of once young children, I don’t see how anybody can possibly forget a child is in a car, but… not everyone is emotionally stable every moment of every day. Hence, I believe this was the proper decision. The emotional trauma from accidentally causing the death of a child is punishment enough. No further punishment is needed.

While babysitting four children from two different families, Jane Doe (in her 40’s) forgot 10-month-old April was in the back of her car as she went inside to care for the other kids. Sadly, April died from excess heat before Jane realized her mistake. Ms. Doe was convicted of third-degree felony murder, based on leaving a child unattended in a vehicle. She was sentenced to 17 years in prison.

Murder almost always requires intent or purposeful negligence, which accidental situations are not. Apparently, Florida agrees with me as the state’s First District Court of Appeals reversed the conviction for third-degree felony murder, finding that Jane had to have knowingly left April in the car.

The initial charges represented an attempt to dramatically expand the felony murder doctrine, basically a theory in which any individual involved in a felony leading to a death can be held criminally responsible. Defenders of the felony murder doctrine argue that even if an individual didn’t intend to kill anyone, the choice to commit a separate felony which results in an “indirect” death, dictates they be held responsible.

Such statutes have had shocking outcomes, including: women being convicted of murders committed by their abusers, friends of a 19-year-old boy who was killed by law enforcement, and a man held responsible while handcuffed in the back of a police car miles away. Call it “butterfly effect” convictions.

At trial, jurors were told they didn’t need to find evidence that she intended to commit the underlying felony in order to convict her of third-degree felony murder. Wait a minute! No evidence now constitutes guilt?

Sadly, it gets worse. Jurors acquitted Jane of aggravated manslaughter following the court claiming such a charge DID require a finding that Jane acted in a way showing reckless disregard. In other words, the courts needed evidence for a lesser charge, but no evidence for a more serious charge. This clearly indicates the court targeted the suspect based on emotions, not legalities.

Approximately 18 children have died per year in hot cars since 1990, when laws forced parents and caregivers to put young children in the back seat. As a result, the occasionally stressed or distracted parent or caregiver forgets the out-of-view child in a rear-facing car seat behind them. Rarely are such murder charges filed or successful.

Jane suffered depression, panic attacks and suicidal thoughts after the baby’s death. “I feel guilty if I laugh or smile. I just have so much guilt from that day,” she says. The endless emotional trauma is punishment enough.

Source used: Guardian

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