“Middlesex County prosecutors had information that could have helped Aisling Brady McCarthy, the nanny accused of killing the 1-year-old she was caring for. But instead of sharing it, as they should have, they kept it to themselves for more than a year while she remained in jail.” [Yvonne Abraham, Boston Globe; Radley Balko]
Posts Tagged ‘child abuse’
On CPS: “The progressive case for parents’ rights is worth taking seriously”
The critique of Child Protective Services agencies advanced lately by the free-range kids movement should find a readier echo on the left, writes Michelle Goldberg in The Nation. “Progressives have not, in general, seen CPS as worthy of the same suspicion as other forms of law enforcement,” yet minorities and poor persons are exposed to its scrutiny and pressure if anything more intensely. “Most of the time, when CPS is called, no proof emerges that the parents did anything wrong.” Yet they may still keep coming around inspecting your refrigerator and so forth: “once CPS enters a poor family’s life…it can be hard for the family to extricate itself….A social worker may discover that the woman is living with a man who has a criminal record. And that’s enough to keep the case open.” One Twitter response, from Isaac A. Patterson:
As a former poor kid, CPS lurks behind every decision you make. You grow up fast, fearful & mistrusting authority. https://t.co/uQreXXZp1l
— Isaac A. Patterson (@godislaughing) October 1, 2015
More: Radley Balko.
“Court: Leaving Baby in Car for 10 Minutes May Not Be Abuse”
“New Jersey officials were wrong to label a mother a child abuser for leaving her sleeping baby in an unattended locked car for 10 minutes while she went shopping in a nearby store, the state’s highest court ruled on Thursday.” Not only does she deserve a hearing before being put on the child abuse registry, said a unanimous New Jersey Supreme Court, but such a hearing should not find neglect unless her conduct is found to have placed the child in “imminent risk of harm.” [Jacob Gershman, WSJ Law Blog; earlier here and here]
“N.J. Supreme Court to Decide if Leaving Kid in Car for a Few Minutes Equals Child Abuse”
On a cool and overcast day, a mother in New Jersey left her sleeping child in a running car for a few minutes to enter a store, with no injurious consequences — except that she herself was tossed onto a child abuse registry. She is now contesting the denial of a hearing, and David Pimentel summarizes what is at stake [Lenore Skenazy]:
If the N.J. Supreme Court upholds the lower court, child-left-in-car cases in New Jersey will be very straightforward. Even if the investigation shows that no criminal child endangerment occurred (so charges are dropped), absent extenuating circumstances, it will be virtually automatic that the parent will be branded as a “child abuser” for the rest of his or her life. Not only is the parent presumed guilty, the parent is not even entitled to a hearing to prove his or her innocence.
Crime and punishment roundup
- “Felony murder: why a teenager who didn’t kill anyone faces 55 years in jail” [Ed Pilkington, Guardian]
- Crime largely missing from urbanist discussion but might actually be more important than streetcars [Urbanophile]
- “So when you read ‘she pioneered the use of John Doe indictments to stop clock on statutes of limitation’, think about your alibi for 1983.” [@ClarkHat on Twitter]
- “Kern County, a jurisdiction with a long unfortunate history of putting the wrong people in prison” [Radley Balko, Glenn Reynolds/USA Today on People v. Efrain Velasco-Palacios]
- What did prisoners do to get locked up? [Robert VerBruggen/Real Clear Policy] Role of sentencing policy in growth of prison population [Dara Lind, Vox]
- In the United Kingdom, claims of mass ritual child abuse are back [Matthew Scott, Barrister Blog; Barbara Hewson, The Justice Gap]
- New York City bus drivers have a point: not every traffic injury implies a legal wrong [Scott Greenfield]
Washington Post begins Shaken Baby Syndrome series
Washington Post today launches an investigative series on dubious Shaken Baby Syndrome convictions. “In Illinois, a federal judge who recently freed a mother of two after nearly a decade in prison called Shaken Baby Syndrome ‘more an article of faith than a proposition of science.'” We’ve covered this developing story with many links in recent years.
Nick Gillespie interviews Lenore Skenazy
For Reason TV. On a pending New Jersey case: “I think it’s the first case of letting a kid wait in a car that’s going to any state supreme court.” Lenore’s now-classic appearance at Cato, “Stop Bubble-Wrapping Our Kids!,” can be viewed here.
Police and prosecution roundup
- As condition of bail, federal magistrate orders arrestee to recant charge of government misconduct [Eugene Volokh]
- Possible life sentence for pot brownies shows “utterly irrational consequences of pretending drugs weigh more than they do” [Jacob Sullum, Radley Balko] Life sentence for guy who sold LSD: “the prosecutor was high-fiving [the] other attorneys” [Sullum]
- Do low-crime small towns across America really need MRAP (mine-resistant ambush-protected) armored vehicles and other military gear, thanks to federal programs? [Balko]
- Minnesota reforms its use of asset forfeiture [Nick Sibilla, FIRE] Rhode Island, Texas could stand to follow [Balko]
- If not for video, would anyone believe a story about Santa Clara deputies “spiking” premises with meth after finding no illegal drugs? [Scott Greenfield]
- Falsely accused of abuse: “He Lost 3 Years and a Child, but Got No Apology” [Michael Powell, NY Times “Gotham”; Amine Baba-Ali case]
- Two federal judges denounce feds’ “let’s knock over a stash house” entrapment techniques as unconstitutional [Brad Heath, USA Today]
Medical roundup
- Oscar-winning “Dallas Buyers Club” should please libertarians and FDA reformers [David Boaz/Cato, Jack Hunter/Rare, Kyle Smith/Forbes]
- Don’t assume patent trolls won’t threaten pharma/biotech [Nicholson Price, Bill of Health]
- “Why are patients shut out of the debate over prescription pain medicine?” [Maia Szalawitz]
- A retrospective on the Satanic abuse panic [Richard Noll, courtesy Maggie McNeill] And why you haven’t read it at Psychiatric Times [Gary Greenberg]
- High-profile medical and custody dispute in Massachusetts over teenager Justina Pelletier appears to pit hospital against hospital [Boston Globe (autoplays), CBS Boston, J.D. Tuccille/Reason]
- Actual fertility procedure under FDA consideration doesn’t live up to hype about supposed “three-parent babies” [Nita Farahany]
- Study points to benefits of easing licensing constraints on nurse practitioners [Jeffrey Miron, Cato]
- More: Florida Supreme Court, long elected with support from plaintiff’s bar, invalidates medical malpractice limits [Miami Herald, Alex Stein/Bill of Health]
January 10 roundup
- Faking a Sept. 11 injury would seem basically as disgraceful as faking a war injury, no? [NY Post, Legal Ethics Forum; earlier on Ground Zero compensation here, here, here, here, here (2008 fraud), here, etc. ]
- “Illegal Aliens May Get License to Practice Law in California” [Volokh, earlier] A curious companion headline from only three and a half years ago, and also from California: “Government seeks forfeiture, managers’ prison time for hiring illegal aliens”
- A look back at the Keller Satanic-ritual-abuse case from Texas [Slate]
- Piacentile v. Amgen case “offers a little window into the ugly side of the qui tam business” [Steve McConnell, Drug and Device Law; related from same blog on case of U.S. ex rel. Watson v. King-Vassel, here and here]
- “Father and Daughter Sentenced in $1.5 Million Insurance Fraud Case” [San Diego D.A.]
- Michael McConnell in the Yale Law Journal on religious freedom;
- Child support law madness, Virginia division [Hans Bader]