Holding mothers responsible

Holding Mothers Responsible - Politics, Business, Civil, History - Posted: 19th Oct, 2004 - 2:52am

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Posts: 7 - Views: 1308
22nd Jan, 2003 - 11:03am / Post ID: #

Holding mothers responsible

Now mothers can be held accountable for their babies!

international QUOTE (CNN)
BABY DIES OF OVERDOSE?

A California mother is accused of killing her 3-month-old son. The alleged
Weapon in this case was her own breast milk. Prosecutors say that the woman
Took methamphetamines while nursing her son. The baby later died from an
Overdose of the drug. The woman is charged with second-degree murder and faces
A possible life sentence if convicted. CNN legal analyst Jeffrey Toobin
Reported that this case could break new ground in criminal cases. "Think about
The implications here," Toobin said. "If putting your children at risk can be
A criminal case, where does that put fetal alcohol syndrome? That could be a
Criminal case. What about secondhand smoke? These didn't use to be dealt with
As criminal matters. Now, increasingly, they are."


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22nd Jan, 2003 - 2:10pm / Post ID: #

responsible mothers Holding

I think is the right thing to do!. Specially for those mother AND fathers who do not care about their children's welfare. I have a relative in Argentina who smokes, his wife smokes and his teenager son smokes and they have a little daughter that is sick all the time and have breathing problems. It makes me sick when I hear they have to take her to the doctor because she has this or that!. I'm pretty sure that the girl will be affected seriously because of this. I think the laws should be stronger for those parents who are not responsible enough to raise children.


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Post Date: 16th Jun, 2004 - 3:47am / Post ID: #

Holding mothers responsible
A Friend

Holding mothers responsible History & Civil Business Politics

In America I find it odd that one must have a license to drive, and tags on most pets, must be registered to vote, etc., but any moron can have a child...

It's standard operating procedure these days for the majority of delivering mothers to be drug tested. Those found positive for narcotics are reported to the police and child welfare authorities.

Drug using mothers should not nurse! That should simply be a matter of common sense. This also includes many prescription medications as well, as many of them can be passed on through breast milk and may be harmful to infants.

16th Jun, 2004 - 10:38pm / Post ID: #

responsible mothers Holding

As much as I might agree that using drugs is wrong and that the consequences of that should be borne by the user, I cannot agree that criminality exists where there is no intent to harm.

I would think losing her child a penalty enough; if she intended murder then that is a different story - but it must be proved.

It concerns me very much how criminality is expanding into areas where there is no intent to harm. One day I suppose accidental death and first-degree murder will be accounted the same!

Dubhdara.


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17th Jun, 2004 - 4:16am / Post ID: #

responsible mothers Holding

I hardly think there was intent here, but certainly criminal negligence. It amazes me that this druggie was nursing in the first place; most drug users can't tolerate actual human relationships. Unless of course she realized that nursing is "free" and would not cut into her drug money.

In our current society, it seems common knowledge that drugs of many different types are passed through the placenta during pregnancy and into breast milk during nursing. And, therefore, to take illegal (or legal, for that matter) drugs and nurse a baby is criminal, whether there is intent to harm or not -- the knowledge is there.

In my opinion, of course.
Roz


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17th Jun, 2004 - 8:08am / Post ID: #

Holding mothers responsible

QUOTE (FarSeer @ 16-Jun 04, 11:16 PM)
I hardly think there was intent here, but certainly criminal negligence....
In our current society, it seems common knowledge that drugs of many different types are passed through the placenta during pregnancy and into breast milk during nursing. And, therefore, to take illegal (or legal, for that matter) drugs and nurse a baby is criminal, whether there is intent to harm or not -- the knowledge is there.


Presumption of innocence should include the right to benefit of doubt that that knowledge was there (or that she was in a state of mind to think straight in the first place). One might also say that scientific/medical "knowledge" (which is always changing) should not have high priority in judging cases - it is too unreliable and open to distortion and authoritarianism.

As for criminal negligence, does such a phrase make sense? What does it mean? Does it mean that a person has neglected something with criminal intent? Can one intend to neglect something? Neglect implies a failure to perform a duty out of a lack of care rather than a desire to harm. Action should perhaps (where strictly necessary) be taken in such cases either by family or - in the last resort - by local government but as for criminal punishment being applied - well, that is very arguable.

We must start from the presumption that the act was unintentional. This is the beginning of all wisdom in matters of a legal nature, and it is a wisdom that is being spurned in our day and no good will come of it.

Dubhdara.


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Post Date: 19th Oct, 2004 - 2:52am / Post ID: #

Holding mothers responsible
A Friend

Holding mothers responsible

Okay, now we're getting into semantics. Call it what one will. I ask this question with regards to lack of deliberate intent to cause harm: Was the average person who was either drunk and/or high and got behind the wheel of a two ton vehicle determined to deliberately put anyone in their path in danger?

Overwhelmingly, the answer is no. However, the impaired person committed a criminal act punishable by law. If losses of property and/or life resulted from that unwise decision, the penalties are more severe.

So, we're talking about a human infant dying as the result of being nursed by a drug polluted mother. The association here is a no-brainer. Why should the mother not be held legally accountable for the death of her child? There are alternatives to nursing available, and tax-funded assistance programs like W.I.C. to help. The baby's death, although unintentional, was indeed the result of criminal negligence. Whether or not the mother was aware that the drugs in her system were being ingested by her child is immaterial.

For the record, I am a grateful recovering alkie/junkie and the mother of two beautiful little boys. You'd better believe I waited until I had been clean & sober for several years before embarking upon motherhood. Yes, I am hardcore about this issue.

Reconcile Edited: fugitive247 on 19th Oct, 2004 - 2:56am


 
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