I have to agree with Jim. As much as I think what this woman did is reprehensible and worthy of severe punishment, the laws of Tennessee apparently do not so provide. The state's child abuse, neglect and endangerment statute seems to require actual physical harm before a violation is found.Lord Jim wrote:It appears to me from reading the articles that have been posted about this, that this woman may have had legal counsel prior to doing what she did in order to avoid being in technical violation of the specific relevant laws that apply here...
Intuitively and emotionally, it feels as though she ought to be in violation of some law...
But whether or not she is would depend on the specific provisions of the applicable laws, both state and federal....
And then of course on top of that, you have the issue of whether or not her behavior as measured against those laws falls into gray areas that would be covered by the exercise of prosecutorial discretion in terms of prosecuting her....
The prosecutors who examined this may have concluded that whether or not she technically violated a law is sufficiently questionable that they don't believe they could meet the burden of proving it beyond a reasonable doubt...
TENNESSEE CODE ANNOTATED
Title 39 Criminal Offenses
Chapter 15 Offenses Against the Family
Part 4 Children
39-15-401. Child abuse and child neglect or endangerment.
(a) Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury commits a Class A misdemeanor; provided, however, that, if the abused child is eight (8) years of age or less, the penalty is a Class D felony.
(b) Any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as to adversely affect the child's health and welfare, commits a Class A misdemeanor; provided, that, if the abused or neglected child is eight (8) years of age or less, the penalty is a Class E felony.
(c) (1) A parent or custodian of a child eight (8) years of age or less commits child endangerment who knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury to the child.
(2) For purposes of this subsection (c):
(A) "Knowingly" means the person knew, or should have known upon a reasonable inquiry, that abuse to or neglect of the child would occur which would result in physical injury to the child. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary parent or legal custodian of a child eight (8) years of age or less would exercise under all the circumstances as viewed from the defendant’s standpoint; and
(B) "Parent or custodian" means the biological or adoptive parent or any person who has legal custody of the child.
(3) A violation of this subsection (c) is a Class A misdemeanor.
By contrast, the laws of my state would certainly permit her prosecution:
ETA:NEW JERSEY STATUTES ANNOTATED
TITLE 9: CHILDREN--JUVENILE AND DOMESTIC RELATIONS COURTS
9:6-1. ABUSE, ABANDONMENT, CRUELTY AND NEGLECT OF CHILD; WHAT CONSTITUTES
Abuse of a child shall consist in any of the following acts: (a) disposing of the custody of a child contrary to law; ***
Abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection; (c) failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child caring societies or private persons not legally chargeable with its or their care, custody and control.
So in the debate between Joe Guy and Scooter, they're both right, depending on what state or provincial law might apply to a particular case.
