Friday, July 15, 2011

Caylee's Law

Casey Anthony was acquitted of first degree murder, second degree murder, and manslaughter, she was found guilty of lying to police officers, that is it. The American public is outraged, they are taking out their anger on the jurors. They are shocked that a woman whose child had died would not report it, lie to police at every step of their investigation, and go out partying during this time. It is atrocious. But we were not in the courtroom, we did not hear the evidence, the decision was not on us. 12 jurors unanimously decided on all these charges. A unanimous decision is not easily come by, this was not a hung jury, this was an acquittal. Although it is hard to believe, we need to step back and understand that the law is not an emotional tool of retribution, it is a careful and deliberate tool of justice meant to uphold the law yet protecting those not found guilty beyond a reasonable doubt. I am thankful that Anthony is acquitted than live in a country where the innocent are locked up arbitrarily or on mere conjecture.

Anthony will live every day with what she did. She may not be in jail, but every night, when she is by herself, and there is no one around her to lie to anymore, just her and her thoughts, she will not be able to escape the truth which she cannot hide. You cannot lie to yourself. She will live with what she did, and that is her punishment, in my opinion.

NOW their is a movement to pass Caylee's Law. Thank god there is a brave person willing to introduce new laws to prosecute people for not acting in a way they believe is upstanding and righteous. This law would make it a crime to not report a missing child within 48 hours. 1) I strongly believe that a person should report their child missing as soon as they know it, 2) I believe that Casey Anthony would have been justly prosecuted by this law had it been in effect when she was charged. However, the law is not a good law.

Just because a person should do something, does not mean it should be criminalized for not doing it. You shouldn't hit your child, you shouldn't smoke cigarettes, you shouldn't cheat on your significant other, but none of these things should be criminalized, none of them should end with the perpetrator in handcuffs being led into a police cruiser. Caylee's case is extreme, and the ensuing outrage naturally makes one want to criminalize what she did, but 99 out of 100 times it will not be the case of Caylee, it will be the mother who did not realize her child was missing for a few days (& do not think that is preposterous, you would be surprised how many parents allow their child to come and go as they please, to stay with neighbors and friends, etc, etc), it will be the well-meaning father who searched for his child with family and friends endlessly, perhaps afraid or wary of calling the police for any number of reasons, who to no avail finds his child, these people would be prosecuted under the law but should not.

Morality and Law are separate, and will not be wed well, they are meant to remain separate, should be kept separate.

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