« Reply #41 on: April 12, 2024, 03:07:36 am »
ANDY MCCARTHY: It's completely unprecedented ...your heart breaks for the parents of the children who were killed here. But you have to remember that the person who actually did the shooting got treated as an adult and was sentenced to life in prison. So it's not like the system didn't carry out law enforcement against the person who actually did this. It's unprecedented to hold the parents accountable to something that they obviously didn't plan, agree to participate in. I frankly just don't think that this is what the criminal justice system is for. I think the criminal justice system mainly should be reserved for intentional wrongs. And I think it's more troubling here because Michigan actually attempted to or proposed passing child access prevention laws, which would prevent – which would make it a crime for parents to negligently allow their children to have access to firearms. And the legislature wouldn't pass that. So what happened here is the prosecutor made up a crime on the fly that the legislature had not opted to pass.
…
It's a Pandora's box. You're extending the criminal law to people who didn't actually commit the crimes.
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Having been a prosecutor for a long time, this is what you have a civil justice system for. I mean, these parents ought to be sued civilly. And it's the reason that you get the kind of judgments that you sometimes see in these tragic cases. But the criminal justice system is not intended to deal with tragedy. What it's intended to deal with is intentional wrongs. And I think if you take the step where you're now going to extend it beyond intentional wrongs, then all bets are off, and you don't know where it goes.
McCarthy's discussion completely ignores the long standing precedent of
"criminal negligence" laws being on the books and enforced.
This clearly is a case of criminal negligence.
It is illegal for a minor to possess a gun without adult supervision.
I think the sentence might be reduced upon appeal,
but it should not be overturned.
The parents' behavior in this case goes beyond negligence.
It is reckless.
And to continue ignoring the school's negligence in this case
is also criminal.
Logged
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Here are the 10 RINOs who voted to impeach Trump on Jan. 13, 2021 - NEVER forget!
WY Liz Cheney SC 7 Tom Rice WA 4 Dan Newhouse IL 16 Adam Kinzinger OH 16 Anthony Gonzalez
MI 6 Fred Upton WA 3 Jaime Herrera Beutler MI 3 Peter Meijer NY 24 John Katko CA 21 David Valadao