Poll

Should this mother be charged with homicide?

Yes, a 1 year old and a 4 year old are dead74%74% - 103
No, she did her best, charge her with something else25%25% - 35
Total: 138
heggs
Spamalamadingdong
+581|6575|New York
She should be charged with neglect.
Remember Me As A Time Of Day
voodoosniper7
BF2s Nublet
+71|6626|somewhere other then here

IRONCHEF wrote:

voodoosniper7 wrote:

not to be a smart ass but couldn't the 4 year old be able to open the door by him/herself?
My 4 year old son can barely get his car seat unlocked, let alone his 2 year old brother's car seat latch.  They're meant to be pretty hard to open.  it's reasonable to think some can't.
wow then my 4 year old cousin in skilled she managed a pick a lock and open car door easily
(shes smarter then me)
west-phoenix-az
Guns don't kill people. . . joe bidens advice does
+632|6576
Happens here too much and it makes me sick every time I hear about it.
What she did was completely unacceptable, torture and criminal.
I don't think she should be given the chance to have another kid or see the light of day again.
I have no sympathy for someone like her.
https://i127.photobucket.com/albums/p123/west-phoenix-az/BF2S/bf2s_sig_9mmbrass.jpg
JeSTeR_Player1
Flying Solo
+98|6957|Canada, Ont
It was Murder...
Echo
WOoKie
+383|6907|The Netherlands
Something doesnt add up imo. She checked the kids, they were unconscious and had weak pulses after 8 hours in the car in the blistering sun. Obviously she had some kind of medical training cause how else could she know they had weak pulses. You ve have to have had some kind of medical training to know an infant has an abnormal pulse or even know what a normal pulse is. Why didnt she get help for them cause they unconscious.

When a child dies, normal people would call for an ambulance or doctor trying to get help for this child and they dont stuff them in garbage bags and try to hide them under the sink. There's something fishy about this story.
nieker
THE FLYING DUTCH PENGUIN, THE NINTENDO PENGUIN
+191|6814|The Netherlands
what stupit asshole forget her kids, is she fucking blind?
you always look in your car when youleave, or am i the only person who does that
Echo
WOoKie
+383|6907|The Netherlands

nieker wrote:

what stupit asshole forget her kids, is she fucking blind?
you always look in your car when youleave, or am i the only person who does that
She didnt forget them in the car. She left them in the car with drinks and battery powered fans.
ghettoperson
Member
+1,943|6836

Surely by definition that's manslaughter? That's ignoring the rest of what happened, which seems a bit odd, but leaving kids in a car, whilst fucking stupid, was not her trying to kill them. (presumably)
Agent_Dung_Bomb
Member
+302|6923|Salt Lake City

Negligent homicide.
Elamdri
The New Johnnie Cochran
+134|6833|Peoria

SenorToenails wrote:

Elamdri wrote:

the fact that she had put up fans and the like negates reckless indifference to human life.


There's no mens rea here. Not enough for murder. Probably 1st degree manslaughter.
I meant how she didn't take them to a hospital when it was obvious that they needed to go.

She later told relatives that when she got to the car at 11:30 p.m., the children were unconscious and had weak pulses.
I still say thats reckless endangerment, not depraved indifference.

Indifference means that she did not care whether her kids lived or died. Indifference shows a lack of guilt and compassion. The woman's actions, while irrational, reckless, and disturbing, also show that she did care about what happened to those kids. Depraved or Reckless indifference is leaving a newborn infant in a garbage bag on trashcan in an alley. Reckless endangerment is making incredibly poor choices and mistakes that cost or endanger the life of others. Not taking her kids to the hospital PROBABLY toes the line between the two, but I think everything else she did er's on the side of reckless endangerment. Lock her up for man1 or give her a straitjacket, whatever makes you happier. But don't assume that she doesn't feel guilty for what she did.
SenorToenails
Veritas et Scientia
+444|6317|North Tonawanda, NY

Elamdri wrote:

I still say thats reckless endangerment, not depraved indifference.

Indifference means that she did not care whether her kids lived or died. Indifference shows a lack of guilt and compassion. The woman's actions, while irrational, reckless, and disturbing, also show that she did care about what happened to those kids. Depraved or Reckless indifference is leaving a newborn infant in a garbage bag on trashcan in an alley. Reckless endangerment is making incredibly poor choices and mistakes that cost or endanger the life of others. Not taking her kids to the hospital PROBABLY toes the line between the two, but I think everything else she did er's on the side of reckless endangerment. Lock her up for man1 or give her a straitjacket, whatever makes you happier. But don't assume that she doesn't feel guilty for what she did.
You raise a good point.  Depraved indifference may be the wrong term, but I still say its murder because of implied malice.  Just because she feels guilty now does not mean that she didn't show indifference to her children's lives and welfare previously, resulting in their death.

Implied malice is proven by acts that involve reckless indifference to human life
She was certainly reckless for leaving them in the car, and by not taking them to the hospital when the obviously needed it, she showed indifference to their lives.  At least, that's my opinion with the information at hand.
Elamdri
The New Johnnie Cochran
+134|6833|Peoria
I just don't feel there is enough mens rea here to prove murder. I know you think its reckless indifference, and it does feel that way, but you have to look at the whole picture. The mother gave them juice and a fan. She came out to check on them. Weirdly as this sounds, she washed them after they were dead and dressed them (Which to me implies grief drove her whacky). Now, to counter this, we have the fact she did NOT take them to the hospital. However, not taking her children to the hospital does not definitely prove indifference. She could have merely thought taking them home and treating them there would make them better. It is possible she could not afford the hospital (I know that doesn't mean jack, but we're talking mindset at the moment, which matters).

To rewrite this story to show reckless indifference:

A mother is charged with murder today after her 2 children, ages 2 and 4, after leaving them in a parked car for hours. The mother, unable to find a sitter, took her children with her to work, and left them inside the car for 9 hours with no water or ventilation. The heat inside the can rose to 120 degrees. The mother, on her lunch break, went out with co-workers, not even bothering to check on her children. Upon leaving work, she went to the supermarket and left the children unattended for another hour. Upon returning to her car, she discovered her children dead. She returned home and placed both children in a garbage bag, which she hid in her basement.

Notice I've changed some things. The fact that teh mother in the fake story did not check on her kids, leave them with fans and drinks, and after they had died, even bothered to clean the bodies.

Personally, rather than take to court a Murder 2 case that I personally wouldn't feel confident in my ability to win, due to what I feel is a lack of mens rea, which could result in a not guilty conviction from the jury, I would push for a plea bargain with the defendant to plead guilty to the lesser charge of man 2 and if they refuse, prosecute for man 1, which is easily winnable.

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