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Would a person go to jail for this?

 
 
Reply Fri 27 Oct, 2017 12:20 am
I'm writing a book, and in the book, this happens:

A woman places her 6-month-old son in a high-chair and places pureed fruit on the table that she plans to feed him. She then carries a glass pitcher of milk to the table, and just as she's about to set the milk down, she accidentally drops the glass pitcher, and it shatters all over the table. Unbeknownst to her, a shard of glass lands in the puree. She cleans the mess up and then starts feeding the puree to the baby. Her 3rd spoonful of puree contains glass shard, but she doesn't realize it until her son has swallowed it. She tries to get him help, but he dies.

Now, in my book, she does not get arrested, because what she did is deemed a careless mistake. I want to know if this is realistic and if a parent would be let off for this for such a mistake in real life. Thanks in advance!
 
centrox
 
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Reply Fri 27 Oct, 2017 12:48 am
I think you have more plausibility problems than the legal outcome of the baby's accidental death. Firstly, it would be a very strange glass pitcher than would shatter into small shards when dropped from hand height onto a table. Secondly, if the baby being fed with a spoon, that spoon is necessarily a small one and a piece of glass large enough to harm the baby might well be noticed. Thirdly, young children and, sometimes, older children and adults may swallow toys, coins, safety pins, buttons, bones, wood, glass, magnets, batteries or other foreign objects. These objects often pass all the way through the digestive tract in 24 to 48 hours and cause no harm. However it can happen. The damage is likely to be from choking rather than cutting. As for the legal consequences, in my local jurisdiction (England and Wales), for one or both parents to be successfully prosecuted following a baby's death, a consistent pattern of serious neglect would have to be established by the prosecution side in court. An example might be drug users who left pills within reach of a child old enough to feed themselves, and then failed to adequately supervise that child. By the way, nobody seriously uses "unbeknownst" these days.
logiccolor
 
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Reply Fri 27 Oct, 2017 01:09 am
@centrox,
Thank you for your reply. I'm wondering if this would be more realistic:

When the pitcher shatters, one of the shards of glass lands on her son's tray right in front of him. While she's cleaning up the mess, he swallows the glass shard.
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centrox
 
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Reply Fri 27 Oct, 2017 01:29 am
Where I live, prosecutions after a baby's accidental death are rare unless it is clear that serious neglect has taken place. For example, the mother knew the glass was reachable by the baby and did nothing, or the baby started choking and she did not call for help. A baby' accidental death is a very sad thing, and the prosecutors would ask themselves if a prosecution was in the public interest, and for that standard to be satisfied, a very serious pattern of neglectful or abusive behaviour would need to be established, e.g. past injuries, broken bones, etc revealed at post-mortem.

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jespah
 
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Reply Fri 27 Oct, 2017 06:46 am
I would add from an American legal standpoint (I'm a retired lawyer but man oh man it's been decades since I handled a criminal matter), generally the parents are the first persons of interest when an infant dies, with the secondary person of interest being a babysitter or nanny (but a live-in like an au pair would probably be on the first level of persons of interest).

This does not mean a parent is always arrested and charged, but they are always of interest because they have the most access to the child. In particular, when it's a very young child who does not go to school, and maybe not even to day care, the parents and the child's pediatrician are the stars of a very small group of people with access to the infant.

So Mom would likely be questioned, and probably extensively, about the child's death. Police and the DA's office try to be sensitive to grieving parents but at the same time there is a very strong interest in getting justice for a murdered child and in getting a child abuser/killer off the streets. Hence they might be pretty gentle with their questioning, at least at first, but they will still go through the questioning process.
centrox
 
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Reply Fri 27 Oct, 2017 07:09 am
@jespah,
jespah wrote:
So Mom would likely be questioned, and probably extensively, about the child's death.


The (British) Association of Chief Police Officers has publicly available protocols for investigating Sudden Unexplained Deaths of Children (SUDCs)

Quote:
1.21 Unless there are clear indications of maltreatment, and there is no opportunity for an attempted resuscitation, children who die suddenly and unexpectedly at home or in the community will normally be removed by the Ambulance Service and taken to an Emergency Department at a hospital (rather than a mortuary).

1.22 It is good practice to obtain as much information as possible in respect of the history of the child and the circumstances leading up to the child being found dead. This will help to inform the decision making that should be taken ahead of the interviewing process. It is beneficial for this account (sometimes referred to as the history taking) to be conducted jointly by a police officer and a paediatrician, preferably the SUDC paediatrician for the area.

Consideration should be given to whether or not carers are interviewed together or separately. Relevant factors will include:

· Helping to corroborate respective accounts;

· Preventing a dominant carer from controlling the conversation;

· The need for carers to be supported by each other.

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