Mom in High Heels Posted July 7, 2011 Share Posted July 7, 2011 Has anyone heard of this? There is a petition to make not reporting the death of a child accidental or otherwise a felony. It also makes not reporting a missing child within 24 hours a felony. What do you think? http://www.change.org/petitions/create-caylees-law Quote Link to comment Share on other sites More sharing options...
Renee in NC Posted July 7, 2011 Share Posted July 7, 2011 I would think these things are covered under other laws. The problem was that the prosecution didn't charge her with these other things (and they should have!) By limiting the indictment to the murder/manslaughter/lying charges, Casey is getting off pretty scot-free. Quote Link to comment Share on other sites More sharing options...
Mom in High Heels Posted July 7, 2011 Author Share Posted July 7, 2011 I would think these things are covered under other laws. The problem was that the prosecution didn't charge her with these other things (and they should have!) By limiting the indictment to the murder/manslaughter/lying charges, Casey is getting off pretty scot-free. But is it a law that you must report your child missing? I've searched and can't find it anywhere. I don't understand why the prosecution didn't charge her with different things. Also, the jury members who are speaking don't seem like the smartest people in the world. :( Quote Link to comment Share on other sites More sharing options...
Pamela H in Texas Posted July 7, 2011 Share Posted July 7, 2011 I would think that these things are covered by some law already. At very least, not reporting a missing child is child neglect/abuse/abandonment. And there are laws about treatment of a corpse. But I'm surprised if there aren't clear laws. Seems like there should be. And yes, I think it should be illegal with stiff penalties. I wish the prosecution had added those, but my guess is they thought they had a pretty solid case. I think, legally, the verdict came back the way it had to in this case. I think Casey got away with "something" and I honestly do think it was probably murder. But if there had been some reasonable charges like the ones suggested by Caylee's law, I think it would have boxed the defense in a bit more and guaranteed SOME punishment if not the conviction. Quote Link to comment Share on other sites More sharing options...
hsmamainva Posted July 7, 2011 Share Posted July 7, 2011 If they would've charged her with child neglect, they could've convicted her for that because she was in charge of the child when she "went missing for 31 days". Child abuse is a harder standard and would require evidence (broken bones, bruises, etc.) and causing physical harm TO the child...which the jurors said wasn't proven (despite the duct tape evidence :confused:) Quote Link to comment Share on other sites More sharing options...
In The Great White North Posted July 7, 2011 Share Posted July 7, 2011 And there are laws about treatment of a corpse. These vary dramatically from state to state. I knew someone who buried her stillborn infant in the back forty, very publicly and legal. It wasn't even her own property - they were renting. Quote Link to comment Share on other sites More sharing options...
pdalley Posted July 7, 2011 Share Posted July 7, 2011 I would think these things are covered under other laws. The problem was that the prosecution didn't charge her with these other things (and they should have!) By limiting the indictment to the murder/manslaughter/lying charges, Casey is getting off pretty scot-free. They charged her with aggravated child abuse. I don't understand how the jury couldn't have found for that. Losing your child and lying constantly about it constitutes abuse and neglect. They charged her with a bunch of things. Maybe if the jury had deliberated more than 11 hours I'd be more satisfied that they TRIED to do their job. 11 hours of deliberation is nothing in a case like this. I hope they do pass this law. The Zahara Baker case in NC is another example of parents 'losing' kids and not reporting it. I'm really upset about all this right now as they are just now getting around to indicting Shania Davis' mother after all this time. She's been out on bail for years. I'm sick of egg donor mothers. If you don't want a child there are other options. Quote Link to comment Share on other sites More sharing options...
mommymilkies Posted July 7, 2011 Share Posted July 7, 2011 pdalley, I agree with you. I thought this was law already, but maybe it's regional/by state? Quote Link to comment Share on other sites More sharing options...
Renee in NC Posted July 7, 2011 Share Posted July 7, 2011 (edited) They charged her with aggravated child abuse. I don't understand how the jury couldn't have found for that. Losing your child and lying constantly about it constitutes abuse and neglect. They charged her with a bunch of things. Maybe if the jury had deliberated more than 11 hours I'd be more satisfied that they TRIED to do their job. 11 hours of deliberation is nothing in a case like this. I hope they do pass this law. The Zahara Baker case in NC is another example of parents 'losing' kids and not reporting it. I'm really upset about all this right now as they are just now getting around to indicting Shania Davis' mother after all this time. She's been out on bail for years. I'm sick of egg donor mothers. If you don't want a child there are other options. Here is the actual law from FL: (2) "Aggravated child abuse" occurs when a person: (a) Commits aggravated battery on a child; (b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or © Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child. A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the prosecution had proven the above, she would have been convicted of murder I would think. ETA: I agree that if she had been charged with child neglect she probably would have been convicted of that if for no other reason than she "didn't know where her daughter was for 31 days" and didn't try to find her. Edited July 7, 2011 by Renee in FL Quote Link to comment Share on other sites More sharing options...
Murphy101 Posted July 7, 2011 Share Posted July 7, 2011 I think it would be a waste of legislation. It's one of those laws that would be made for no reason other than "throwing the book" at someone to make up for other crappy ineffective laws or judgements. I personally do not think that is a good enough reason to make a law and it is ineffective at prevention. Murderers are not going to suddenly start reporting the dead bodies they leave behind, so I don't see the point. Quote Link to comment Share on other sites More sharing options...
fhjmom Posted July 7, 2011 Share Posted July 7, 2011 I am kind of on the fence about this. I certainly do agree that if a parent of a two-year old that should be in their sole care is missing, then they should have some legal obligation to report it in a timely manner. However, I think where do you draw the line? What are the unintended consequences of a law like this? I think of scenarios where maybe there is joint custody and parents are in disagreement. The parent A who is supposed to have the child but doesn't is trying to negotiate with the other parent B who has kept the child when they shouldn't and maybe. Yes, parent B is outside the law if he/she hasn't returned the child, but with this law in place there is pressure on parent A to report it in a very short amount of time, potentially bringing in law enforcement into a situation that may have been able to be worked out amongst themselves if given a little time. What about a teen that has left home after a fight with parents? Still not an ideal situation, but I can see parents of troubled teens giving them 24 hours to cool off and come home, or at least make contact. At what age and under what circumstances is reporting required? I realize neither of these are ideal situations and at some point the parties involved may wish to involve the authorities, but to add the pressure to report or face *felony* charges on the part of parents in an already stressful and less than good circumstances... I don't know that I agree. Quote Link to comment Share on other sites More sharing options...
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