Why I Believe 'Caylee's Law' is a Terrible Idea
How, Exactly, Would 'Caylee's Law' Protect Any Child in the Future?
We all saw the verdict, as shocking as it was, when Casey Anthony was found not guilty by a jury of her peers in a Florida court on the charge of premeditated murder of her own daughter Caylee Anthony. While the great majority of people only knew as much of the case as what was presented in an over-dramatized, emotionally charged way by Nancy Grace, nobody - and I do mean nobody - knew all of the details of the case, but for the people within that courtroom.
When the jury returned a verdict of not guilty, people all over the world flew into a rage, of an epic scale. One of the most visible responses has been a suggestion to pass what's commonly known as "Caylee's Law," (a vague proposal,which would make it a felony for a parent to not report a missing child within an as-yet-undetermined amount of time) and few things could be a bigger mistake.
It's indescribably sad for anyone as innocent as that little kid to have died at anyone's hands, especially if it was her own mother. Even folks without children of their own know this. It's just not normal for someone so young to leave us, in such a tragic way. But, emotions aside, a response of enacting something like Caylee's Law would only be a feel-good maneuver and grand-standing at best, and a further tragedy, at worst. Is this what you would wish for, as this little girl's legacy?
Three questions about Caylee's Law: At the risk of the inevitable ad hominem attack, I have three questions to ask my readers about the proposed Caylee's Law: 1) If this law were in place, prior to Caylee Anthony's death, would it have prevented her murder? 2) If this legislation were in place, prior to her death, would it have prevented the prosecutor's office from over-billing the charge, and bungling up the case, itself? And finally, 3) Would such a requirement, if enacted now, hold the potential for use and abuse, far beyond its intended scope (as have so many in the past)?
The answer to the first question is, "no." Even if it were to have been a criminal act to not report the child missing, whomever killed her would likely not be the type who would stop over a lesser charge. That's whether it was mom Casey, or not. The criminal mentality is not stopped by law, anyway. Criminals do not obey the law. Murder is already illegal. Look how effective that was. Caylee's Law would have even less impact upon the criminal mind.
The second question must also be answered, if we are at all honest with ourselves, with a "no." Even if it were a felony of the highest order to not report the child missing within a certain amount of time (some argue the law covers it, already), Caylee's Law itself would have no effect whatsoever on the level of professionalism, competency, or skills of any prosecutor. Murder is already a capital crime, but did that ever stop a prosecutor from blowing a case? Why would a lesser charge be any more effective? Caylee's Law just seems backwards to me.
My third question is the only "yes" on this list. For the sake of winning the hearts and minds of potential voters on election day, and in the hopes of winning political clout, politicians and bureaucrats will no doubt use and abuse Caylee's Law, well beyond its intended scope. Anyone else remember a little gem called the US PATRIOT Act? (HR 3162, officially.) It was an emotion-driven piece of legislation in response to an atrocity, too.
What originally sounded like a great idea (making it easier for law enforcement to combat terrorism) has metamorphosed into a set of laws wherein which any criminal of any sort, could be treated as a potential terrorist. Feel free to research other laws which have been abused by those in positions of power, as well.
Perhaps this is an opportunity for us all to learn more about the inner workings of the American justice system. Maybe this is a chance for some of the more apathetic types to understand why serving on a jury is so important, and not something to be shrugged off, because they don't want to bother. This tragedy might even serve to inspire young folks who feel so passionately, to pursue a law career, with the aim of being the best prosecutor who has ever lived. (Just, please be ethical, and observe the Constitution, okay?)
Whatever this is, I just can't see where Caylee's Law is any sort of a good response, mainly because it will not save any lives in the future. I think little Caylee Anthony deserves a better legacy. We are better than this, and I'm holding us to it.
Published by Donald Pennington - Featured Contributor in Politics
Donald contributes on a wide variety of topics. Among his favorites are movie reviews, political commentary, divorce, and crime commentary. See something you like? Share it on Twitter! View profile
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