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Religious Nuts Kill Own Daughter—Is Their Sentence Appropriate?

 
 
dlowan
 
  1  
Reply Wed 7 Oct, 2009 06:31 pm
@Cycloptichorn,
Cycloptichorn wrote:

Quote:
Do you make a distinction between religious idiocy and non-religious idiocy?


I certainly do. Religious idiocy is the absolute, bar-none worst form of idiocy, because it is impervious to logic or attempts to argue people around. Absolutely impervious to it. It also inspires Zeal to a greater degree than almost any other human idea.

This creates very dangerous situations for the rest of us, while providing very little benefit. So yeah - I personally look down on religious idiots more than regular idiots.

Cycloptichorn


Dunno...political extremism seems to me to be a very similar beast, and has also killed millions upon millions.
0 Replies
 
Setanta
 
  1  
Reply Wed 7 Oct, 2009 06:31 pm
You know, Miss Wabbit, you and Robert repeating that canard about intent to kill as the distinguishing characteristic of murder doesn't make it so. In many of the States of the United States, and in Canada, an intent to do grievous bodily harm which happens to result in death is considered murder, too. But more than that, in the great majority of States of the United States, so is an act so inherently dangerous that any reasonable person would realize the likelihood of fatality--which could be argued was the case in this matter.
ebrown p
 
  1  
Reply Wed 7 Oct, 2009 06:35 pm
@OCCOM BILL,
OBill wrote:
On the other hand, if you clip somebody with your car while drunk in Wisconsin, even if it’s your first offense, you’re facing up to 25 years. Are these morons less guilty than the fella who has a genuine accident on his way home from the bar? What these people did was no accident, and they knew the stakes. They had considerably more opportunity to consider the consequences and never relented until after the child was dead. Religious, or not, these people had ample opportunity to consider the consequences of their actions (lack thereof), and chose to behave in a fashion that resulted in the death of a child.


Quote:
JUNEAU [Wisconsin] - Kurt K. Kaiser, 53, of Horicon, whose family describes him as a quiet, hard-working man and occasional drinker, was sentenced Tuesday to 12 months in jail and 15 years of probation for homicide by intoxicated use of a vehicle in the death of his 47-year-old wife Karen Kaiser.

Kaiser pleaded no contest to the felony charge in November and faced a maximum 40-year sentence during Tuesday's proceedings. However, Dodge County Circuit Judge John Storck withheld sentencing in the case and ordered probation and conditional jail time.

According to reports, the Kaisers were on their way home from a family Christmas party when a 1997 Mercury driven by Kurt Kaiser slid through the T intersection of Highway E and Highway S, vaulted 55 feet through the air and hit a tree in the town of Hubbard. The Dodge County Medical Examiner's office pronnounced Karen Kaiser dead on the scene. Kurt Kaiser, who had a blood alcohol concentration of .16 percent at the time of the crash, told police he hadn't seen the stop sign.

"I don't know if there are any words to express the feelings of hurt I have inside myself every moment of every day," Kaiser said Tuesday. "I would do anything right now to bring her back. I know it can't happen, but I wish it could."

Twelve of Kaiser's family members were in attendance for Tuesday's proceedings. Karen Kaiser's sister Brenda Reinhardt told the court she thought weather played an important factor in the crash, adding, "I feel Kurt should not go to prison."

Storck said he received letters from all five of Karen Kaiser's siblings in support of Kurt Kaiser, and noted that is, "very unusual when a member of a family is killed .... The victims in this case think of Mr. Kaiser as a good person."

Kaiser doesn't have a criminal history, but he does have past driving-related issues. In 1980 he pulled out in front of a semi trailer and a female passenger in his car was killed in the crash. In 1981 he led police on a long chase in an attempt to elude them, and in 1991 he was convicted of drunken driving, according to court records.


This guy (ironically from Wisconsin) got 12 months out of a possible 40 years. Note that he had a previous drunk driving conviction (and plenty of time to think about it).
OCCOM BILL
 
  2  
Reply Wed 7 Oct, 2009 06:41 pm
@Setanta,
Setanta wrote:

You know, Miss Wabbit, you and Robert repeating that canard about intent to kill as the distinguishing characteristic of murder doesn't make it so. In many of the States of the United States, and in Canada, an intent to do grievous bodily harm which happens to result in death is considered murder, too. But more than that, in the great majority of States of the United States, so is an act so inherently dangerous that any reasonable person would realize the likelihood of fatality--which could be argued was the case in this matter.
Actually, there are so-called "felony murder" laws in most if not all states... including Wisconsin. This covers unplanned deaths that occur during and/or because of another felony being committed. In this particular case, it would be easy to hang a lesser felony on these folks for the purpose of promoting this supposed accidental homicide into intentional homicide... but again, since that would carry a mandatory life sentence I think we'd see more straight acquittals because of the excessive punishment mandated in class A felonies.
0 Replies
 
dlowan
 
  2  
Reply Wed 7 Oct, 2009 06:43 pm
@Setanta,
Setanta wrote:

You know, Miss Wabbit, you and Robert repeating that canard about intent to kill as the distinguishing characteristic of murder doesn't make it so. In many of the States of the United States, and in Canada, an intent to do grievous bodily harm which happens to result in death is considered murder, too. But more than that, in the great majority of States of the United States, so is an act so inherently dangerous that any reasonable person would realize the likelihood of fatality--which could be argued was the case in this matter.



Yes, but again there was no INTENT to do grievous bodily harm.

I agree that the bit about "an act so inherently dangerous that any reasonable person would realize the likelihood of fatality--which could be argued was the case in this matter" could come into play here.

I guess it depends on arguments made in court.

The prosecution in this case, if I recall aright from material quoted here, doesn't seem to have gone for much of a sentence either, so I assume they were persuaded that this was not murder either, though, so I don't think calling it a canard in this case is reasonable.


It's also interesting that the kids have been allowed to stay with the family.


OCCOM BILL
 
  1  
Reply Wed 7 Oct, 2009 06:45 pm
@ebrown p,
ebrown p wrote:
This guy (ironically from Wisconsin) got 12 months out of a possible 40 years. Note that he had a previous drunk driving conviction (and plenty of time to think about it).
That's another fine example of excessively lenient sentencing... so? I don’t see your point in posting that.
Setanta
 
  1  
Reply Wed 7 Oct, 2009 07:01 pm
@dlowan,
We don't know what sorts of discussions were held in the district attorney's office about this case. It is entirely possible, and i suspect most probable, that the DA did not want to attract any more negative publicity on the religious side of this issue than had already been generated. The judge has said that he didn't intend to make martyrs of the parents.

Whether or not the DA's office considered it murder, it is a canard to insist that murder can only occur when there is an intent to commit homicide.
ebrown p
 
  1  
Reply Wed 7 Oct, 2009 07:07 pm
@OCCOM BILL,
Quote:
That's another fine example of excessively lenient sentencing... so? I don’t see your point in posting that.


You posted about how drunk drivers were treated in Wisconsin. I thought you were claiming that lenient sentences weren't ever given for negligent homicide.

If this thread was expressing outrage at people who get lenient sentences for negligent homicide without regard to their religion, we wouldn't be having this disagreement.
dlowan
 
  2  
Reply Wed 7 Oct, 2009 07:19 pm
@Setanta,
Well, presumably you know your laws better than I do.

Our laws, as far as I recall, require a reckless disregard for reasonable precautions/actions to bring it up to murder.

Also, we call murder homicide and the death without intent to kill manslaughter, to confuse things further.

Nonetheless, calls for the death penalty or life imprisonment are ridiculous in such a case, in my view.
0 Replies
 
OCCOM BILL
 
  3  
Reply Wed 7 Oct, 2009 07:33 pm
@ebrown p,
I see. Nope. I was providing an example of harsh punishment being available for crimes with arguably less intent. Relatively few drunk drivers get behind the wheel with the intention of killing taxpayers, but they do rack up the body counts. Your example provides the additional 15 years available for anyone who's had even 1 previous conviction for drunk driving. My point is; with or without "intent" some crimes are sufficiently dangerous to merit harsh penalties as a deterrent. The wanton disregard for human life demonstrated by these idiots, coupled with what appears to be an utter lack of remorse, should, IMO, have resulted in a considerably harsher penalty. A very clear message should be sent that this behavior is unacceptable. Neglecting children to death should certainly be deemed as unacceptable as alcohol related accidents.
0 Replies
 
Robert Gentel
 
  2  
Reply Wed 7 Oct, 2009 07:44 pm
@OCCOM BILL,
OCCOM BILL wrote:
On the other hand, if you clip somebody with your car while drunk in Wisconsin, even if it’s your first offense, you’re facing up to 25 years. Are these morons less guilty than the fella who has a genuine accident on his way home from the bar?


I don't think this crime is on par with drowning your kids in a tub and I also don't think it's on par with drunk driving.

I also happen to think 25 years for first offense drunk driving without killing anyone is inordinately harsh though.

Quote:
Freedom of religion in no way trumps inalienable rights, like the right to life, liberty and the pursuit of happiness. These people killed a child and the excessively lenient sentence can only serve to encourage others to follow the same demented path. In my opinion, this is no more a freedom of religion issue than honor-killing.


When I brought up freedom of religion it certainly wasn't to make the point that it excuses this, just that it complicates situations like this. For example, you can deny your child a vaccine for religious beliefs. I don't think that is right but prohibiting that is something that would be difficult due to the cries of religious persecution it would engender. Denying a vaccine just isn't a clear enough harm to a child to make society willing to force it on people whose religion forbids it.

Similarly, if someone wants to teach their kid that doctors are bad, and that prayer solves everything they can get away with that too (unless something happens to the kid while they are a minor). What I was getting at is that freedom of religion covers a lot of undesirable things that lead right up to this kind of scenario. When it comes to religious nuts and their children you can't put a fence at the top of the cliff, you can only put a hospital at the bottom.
0 Replies
 
Robert Gentel
 
  3  
Reply Wed 7 Oct, 2009 07:52 pm
@Setanta,
Setanta wrote:
You know, Miss Wabbit, you and Robert repeating that canard about intent to kill as the distinguishing characteristic of murder doesn't make it so. In many of the States of the United States, and in Canada, an intent to do grievous bodily harm which happens to result in death is considered murder, too.


I agree that it doesn't always require the intent to kill, but at least the intent to harm. It requires malice.

Quote:
But more than that, in the great majority of States of the United States, so is an act so inherently dangerous that any reasonable person would realize the likelihood of fatality--which could be argued was the case in this matter.


Almost anything can be argued, but if that was argued in court in this case, I would bet good money it would lose.
0 Replies
 
chai2
 
  1  
Reply Wed 7 Oct, 2009 08:23 pm
@ebrown p,
ebrown p wrote:



Do you have the same vitriol for parents who don't make their kids wear seat belts, or parents who don't lock their gun cabinet?




Yes indeed
0 Replies
 
ebrown p
 
  2  
Reply Wed 7 Oct, 2009 08:40 pm
I don't buy the deterrent argument at all. There is certainly no evidence that imprisoning someone based on a religious belief will make that belief any less common. There are plenty of cases where the threat punishment has proven very ineffective at changing behavior.

Of course with drunk driving, deterrence has been effective... but this is because even drunk drivers know it is wrong and drunk driving is a matter of convenience and laziness, not of belief, necessity or even desire. Many other behaviors, from crimes of conscience, to polygamy to prostitution haven't been stopped at all by deterrence.

There is also the fact that these people have lost a child-- I don't know if people intend to imply that devoutly religious people don't love their children. You may believe they are misguided, but they are still human.

Vengeance is one thing...

But if your goal is to prevent this from happening again, working with parents such as this; if you can work with them to accept what happened, it would be far more powerful.

It is human nature, that when you feel attacked-- you defend. This makes these groups more isolated from society and more hard line in their beliefs. Maybe this makes you feel good, but to think it reduces the incidence of these types of deaths is foolish.

0 Replies
 
edgarblythe
 
  1  
Reply Thu 8 Oct, 2009 04:31 am
Cult deprogramming might be most effective here.
Setanta
 
  1  
Reply Thu 8 Oct, 2009 04:44 am
I wouldn't argue that punishment would have a deterrent effect in a murder such as this. However, in cases of murder, homicide and manslaughter, incarceration has the additional effect of taking the convicted out of society, and thereby protecting society for at least the term of their imprisonment. In this case, a long sentence would assure that their children would be taken away from them, and to me, given that the death of the one girl is now an accomplished fact, the biggest crime is that these complete nut-jobs have other children who might in future be endangered, and who are definitely the potential victims of indoctrination.
edgarblythe
 
  1  
Reply Thu 8 Oct, 2009 04:47 am
@Setanta,
In a nutshell.
0 Replies
 
ebrown p
 
  1  
Reply Thu 8 Oct, 2009 05:40 am
@edgarblythe,
I hope you are joking... cult deprogramming is more dangerous that "cults" and has no place in a free society.
ebrown p
 
  1  
Reply Thu 8 Oct, 2009 05:49 am
@Setanta,
Setanta,

The question of whether their children should be taken away is a question for social service professionals looking (without prejudice) at whether there are real danger to the remaining children. Obviously (and their is plenty of research to back this us) it is best for children to remain with their parents-- and for this reason, social workers usually try to keep families together.

These children are not endangered. Not only is it a statistical improbability that this situation will happen again, the requirement that their kids are checked by medical professionals every few months address any further risk.

This addresses the issue and avoids ripping the children out of their family.
farmerman
 
  1  
Reply Thu 8 Oct, 2009 06:06 am
@ebrown p,
kill one kid, thats ok then. I see.
 

 
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