Comment by cucumber3732842

>Investigating a murder is posturing? I really don't understand the "bad ass, fear us" language. Do you consider all criminal investigations to be as frivolous?

>How can you say that given that the article presents evidence that

Take a freakin step back and look at the big picture. Someone lost their kid, their first kid FFS. Even if a crime was technically committed along the way call it time served.

On a technical level, this is almost certainly not chargeable as a murder. Evidince of intent is lacking and almost certainly does not exist. The best you might be able to do is some negligent wrongful death manslaughter type thing, exact details depending on how such things are defined in the jurisdiction. Just based on plausibility these cases are almost certainly accidents. Very few mothers or the people around them murder newborns in the jurisdictions we're talking about. So if you did find intent, like a text exchange or something, the best you're likely to do is prove intent in the exact opposite direction and that no harm was meant. So then you have to prove negligence or something, which is also likely to be uphill. And this all assumes you can pin it on one person.

No good purpose is served by this. You're not getting some hardened criminal off the streets or putting someone in jail for an act committed with a bad frame of mind. Best case you wind up punishing someone using some negligince wrongful death type statues that's written based on the assumption that the person who caused the death DGAF about the deceased. Even if you pull that off this person is probably the mother or father or a grandparent who already lost their kid or grandkid for it so there's a real tinge of double jeopardy to the whole thing. This serves no purpose other than a show of force by the prosecuting office. The "real" crime committed here is not accidentally giving one's infant the wrong pills (someone gave a kid Tylenol, it's not like it was Xanax or booze to shut them up or some other thing everyone knows you don't do), the facts are likely to stack up in a way that make that act a non-criminal accident. So what you're doing in practice is screwing up one or more people's lives, to much fanfare, because they failed to tell the whole truth to the state a decade or more ago. Now, I get that that might sound like a good thing to some people, but those people are bad people and their ideas are bad ideas.

>Is that an accident according to you, or do you have any evidence that the article is wrong about that conclusion?

Stop trying to re-frame my assertion as an issue with the article rather than a critique of the proposed action (prosecuting someone). I know you'd rather discuss that, because that's much more defensible than a hypothetical decision to prosecute, and I do not accept your slight of hand.

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