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Defining Criminal Negligence - Not a Nice Story

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  • Defining Criminal Negligence - Not a Nice Story

    At a preliminary hearing this week a judge threw out child endangerment charges against a 23 year old mother.

    She bathed her 10 month old son, then strapped him in his car seat and left him on the floor while she went upstairs for ten minutes to get ready to go out. Unfortunately, she left him in the care of her pit pull and pit bull mix.

    The dogs had no history of aggressive behavior.

    Her son's screams brought her running downstairs where she discovered that the pit bull mix had torn off the baby's diaper and chewed off his genetils. The child lived but will have to have hormonal therapy for the rest of his life.

    If she had left the baby out of the car seat without dogs around, would that have been criminal negligence?
    If she had left him in the presence of any animal would that have been criminally negligence?


    In addition, mom testified that the dogs had been getting into the waste basket to dig out used diapers and had torn up ones left out.
    Also, the judge refused to admit into evidence that her two older children had been removed from the house by Child Protective Services within a month prior to the attack.

    This story makes me sick.
    I think the judge erred.
    "The secret of life is honesty and fair dealing. If you can fake that, you've got it made."
    ~~Groucho Marx
    I have the hots for Khaleesi...

  • #2
    A couple of random [rhetorical] questions:

    1. Why did she feel the need to put the baby in a car seat?
    1A. If she put the baby in the child seat, why didn't she also take him up to where she was getting ready?
    2. If she had left the baby on the floor with the dogs around, even if she was in the immediate vicinity, and the dogs did this, would that also be negligence?
    3. Is the fact that these are pit bulls have any bearing on the facts?
    4. Why were the other children removed?
    5. What defines criminal negligence, specifically in this case? The fact she had dogs, and more specifically, pit bulls? The fact she put the child in a car seat and left him alone? The fact that the dogs liked diapers?
    5A. At what point does it become criminal negligence?
    If you break a vase and then glue it back together and the vase loses it's value, you do not get credit for fixing it. You get the blame for damaging it....

    Comment


    • #3
      If your animal hurts someone or destroys property, you should be held accountable as if you undertook the action with intent.

      There is no excuse for out of control animals and I am sick of putting up with their coddling owners. If your animal makes you fell like an ass, then you ARE an ass.

      Take the child, and incarcerate that ***** for life.

      Comment


      • #4
        Why any normal person would want to own a pit bull is beyond me. You don't hear stories like this about poodles, retrievers, etc. The criminal negligence starts with owning a pit bull and having children.

        Comment


        • #5
          Originally posted by BADGER View Post
          Why any normal person would want to own a pit bull is beyond me. You don't hear stories like this about poodles, retrievers, etc. The criminal negligence starts with owning a pit bull and having children.
          So a Doberman or German Shepard is OK? What if this incident had involved any dog other than a pit bull? I'm not disagreeing with your thoughts about pit bulls, its just that pit bulls almost always invoke an emotional response.
          If you break a vase and then glue it back together and the vase loses it's value, you do not get credit for fixing it. You get the blame for damaging it....

          Comment


          • #6
            Originally posted by BADGER View Post
            Why any normal person would want to own a pit bull is beyond me. You don't hear stories like this about poodles, retrievers, etc. The criminal negligence starts with owning a pit bull and having children.
            Yes you do. I would imagine that there are plenty more attacks by those other breeds than by normal pit bulls. But the media seldom jumps on those stories because they don't have the "pit bull" buzzword. Just as any semi-auto used in a crime is tagged an "assault rifle" by the media (because they know John Q. is too stupid to know better) many dog attacks blamed on "pit bulls" were probably committed by dogs who were nothing of the kind.

            Pit bulls get a bad rap simply because certain semi-humanoid jackasses breed and train them for fighting. You can say the same about rottweilers, dobermans and many other dogs, but "pit bull" is a media buzzword. My aunt and uncle have a pit bull and so does a young lady who is one of my best friends. I am more worried about my aunt and uncle's Aussie shepherd (sweet but profoundly stupid) and my friend's roommate (same problem) than I am about the dogs. They are just canine versions of musclecars and assault rifles: nothing inherently wrong with them, except for certain of their owners.

            I have been around pits at various points all my life. No pit bull has ever bitten me. I've been bitten by a cocker spaniel, a chihuahua and a Yorkie (the latter two are breeds of dog that I do hate with a passion-if my cat can beat it up it's not a real dog!) but never a pit bull. People need to lay off this breed and just get a clue.
            "Only a fool fights in a burning house."-Kang

            "If you listen to fools....The Maaahhhhb Ruuuules....."-Ronnie James Dio

            Comment


            • #7
              Originally posted by BADGER View Post
              Why any normal person would want to own a pit bull is beyond me. You don't hear stories like this about poodles, retrievers, etc. The criminal negligence starts with owning a pit bull and having children.
              We own a pit bull. We got him for my wifes 22 year old son but he took a job far away & he couldnt bring the pit bull with him. So the pit bull is ours now
              Its all in the way the dog is raised. Ours is 65 lbs pounds of gentle dumb-ness.
              He sleeps in bed with us and thinks hes still small enough to sit in Anns lap when we watch TV


              The 15 lb minature blue heeler we own kicks his a$$ and our Jack Russell has the pit bull so bullied that the Jack just needs to growl and the pit will slink away

              Saying every pit bull is bad because of what is reported about them is like watching Cops and saying every ******* is a drunk who beats his wife
              How many stories do you read about a damation or a poodle biting a kid? Does that mean it never happens?
              You can see how vicious our pit is from the pic I took in our back yard this summer

              Oh yeah, the grey dog in the pic is the blue Heeler that kicks the pit bulls a$$ . His name is Indy
              Live like Dave

              Comment


              • #8
                Originally posted by Sea Fury View Post
                I have been around pits at various points all my life. No pit bull has ever bitten me. I've been bitten by a cocker spaniel, a chihuahua and a Yorkie (the latter two are breeds of dog that I do hate with a passion-if my cat can beat it up it's not a real dog!) but never a pit bull. People need to lay off this breed and just get a clue.
                Were the bites from the cocker spaniel, chihuahua, and yorkie life-threatening? Were you maimed by the bites?

                Part of the problem with pit bulls is what they are capable of doing. Bites from smaller breeds are no fun, but rarely are they life-threatening to most adults (infants are a different story - you have to watch your dog around them no matter how small it may be). A pit bull can maim or kill an adult. Other large breed dogs can inflict a lot of damage, too. If you choose to own a dog capable of causing serious injury, you must accept the responsibility that goes with it. If your dog attacks someone, you should be held as accountable as you would be had you attacked them personally. My right to not be injured by your dog is greater than your right to own it.

                I used to walk for exercise in my neighborhood, but I quit and bought an exercise bike instead due to several large dogs I encountered on my route. They made it very clear they did not want me walking down their street, and some of them seemed like they about a half inch away from being able to jump the fence. I've already decided that if I'm seriously injured by a neighbor's dog, I will give the owner three options:
                1. Put down the dog, get rid of any other dogs he has, and promise in writing to never get another dog
                2. Sell his house and move out of the neighborhood, promising in writing to never move back
                3. Litigation

                And if he chooses option 3, the only way I will consider an out of court settlement will be if it includes either option 1 or option 2.
                "If there is a place on Earth synonymous with race cars, it is Indianapolis." -- Bernie Ecclestone

                "No matter where you go in the world, you say Indianapolis and they don't think about football or basketball, they think about the race." -- Richard Petty

                Comment


                • #9
                  Originally posted by Sea Fury View Post
                  Yes you do. I would imagine that there are plenty more attacks by those other breeds than by normal pit bulls. But the media seldom jumps on those stories because they don't have the "pit bull" buzzword.
                  Oh, yeah, I guess the MSM just doesn't know what it is talking about. Instead of "imagining" that media perception is wrong, you might want to take a little time to educate yourself.
                  http://dogsbite.org/bite-statistics.htm
                  The combination of pit bulls, rottweilers, presa canarios, and their mixes:
                  80% of attacks that induce bodily harm
                  69% of attacks to children
                  83% of attack to adults
                  68% of attacks that result in fatalities
                  74% that result in maiming
                  Report: U.S. Dog Bite Fatalities January 2006
                  to December 2008
                  DogsBite.org, a national dog bite victims' group, recorded 88 U.S. fatal dog attacks between January 1, 2006 and December 31, 2008. Pit bulls accounted for 59% of these deaths.

                  Of the 88 fatal dog attacks recorded by DogsBite.org, pit bull type dogs were responsible for 59% (52). This is equivalent to a pit bull killing a U.S. citizen every 21 days during this 3-year period.

                  The data also shows that pit bulls commit the vast majority of off-property attacks that result in death. Only 18% (16) of the attacks occurred off owner property, yet pit bulls were responsible for 81% (13).
                  http://www.scribd.com/doc/24436191/D...cember-22-2009

                  There is a persistent allegation by pit bull terrier advocates that pit bulls are over- represented because of misidentifications or because “pit bullâ€‌ is, according to them, a generic term covering several similar types of dog. However, the frequency of pit bull attacks among these worst-in-10,000 cases is so disproportionate that even if half of the attacks in the pit bull category were misattributed, or even if the pit bull category was split three ways, attacks by pit bulls and their closest relatives would still outnumber attacks by any other breed.

                  Comment


                  • #10
                    Originally posted by indysteve View Post
                    Were the bites from the cocker spaniel, chihuahua, and yorkie life-threatening? Were you maimed by the bites?

                    Part of the problem with pit bulls is what they are capable of doing.
                    At 6'1" and 250 pounds, I am much more capable of putting somebody in the hospital or worse with physical force than someone who is 5 feet tall and 100 pounds. I guess I should be put down, too. Of course, I've never gone to jail, don't drink, don't do drugs, don't commit violent crimes or crimes in general. But by your standards, because of my physical capability, well by gosh, I must be dangerous.

                    When you have me euthanized, please make it painless.
                    "Only a fool fights in a burning house."-Kang

                    "If you listen to fools....The Maaahhhhb Ruuuules....."-Ronnie James Dio

                    Comment


                    • #11
                      Originally posted by BADGER View Post
                      Oh, yeah, I guess the MSM just doesn't know what it is talking about. Instead of "imagining" that media perception is wrong, you might want to take a little time to educate yourself.
                      http://dogsbite.org/bite-statistics.htm



                      http://www.scribd.com/doc/24436191/D...cember-22-2009
                      "dogsbite.org."

                      Wow, now there's some impartial sources.
                      "Only a fool fights in a burning house."-Kang

                      "If you listen to fools....The Maaahhhhb Ruuuules....."-Ronnie James Dio

                      Comment


                      • #12
                        Why would it be criminal neg. Doesnt there have to be an 'act of guilt'.

                        Leaving a child next to a dog? Not sure it qualifies unless the dog is on some known offender list.

                        My buddy and his wife have had a black lab around the house with his toddlers. The dog is super protective of the kids. God help me, if I play to rough or make to much noise.

                        For the record I must admit to not liking the nasty breeds. Some, might be the nicest animals on the planet, but....just to hard to predict, and they have genetic makeup for riping stuff apart. I'm not sure size is a good indicator of anything.....never heard of a St Bernard going postal. However, I have seen enough pit bulls look at my legs like they were dinner. In defence of pit bulls......when I se the owner walking the dog, it allways looks like a IQ test in progress....and the dog usually looks smarter.
                        .....every dog was born free to live, even if it means dying.

                        fav car pics
                        http://s197.photobucket.com/albums/a...%20car%20pics/

                        Comment


                        • #13
                          Originally posted by Sea Fury View Post
                          At 6'1" and 250 pounds, I am much more capable of putting somebody in the hospital or worse with physical force than someone who is 5 feet tall and 100 pounds. I guess I should be put down, too. Of course, I've never gone to jail, don't drink, don't do drugs, don't commit violent crimes or crimes in general. But by your standards, because of my physical capability, well by gosh, I must be dangerous.

                          When you have me euthanized, please make it painless.
                          Nice straw man. I didn't say pit bulls should be put down merely because they are capable of causing serious injury. But when they do, they should be put down and the owner should be prosecuted. Owning a pit bull or other powerful breed of dog is a choice, and it comes with responsibility. The owner must make 100% sure their dog doesn't injure an innocent person (and I'm not talking about injuries inflicted on someone who is trespassing or committing a burglary). If the dog does injure someone, the owner should suffer legal penalties appropriate for the damage done.

                          It's ridiculous to deny that the danger of being injured by a pit bull is greater than the danger of being injured by a chihuahua. With that greater danger comes greater responsibility for the owner. We recognize that principle in other areas, why not when it comes to the animals we own?
                          "If there is a place on Earth synonymous with race cars, it is Indianapolis." -- Bernie Ecclestone

                          "No matter where you go in the world, you say Indianapolis and they don't think about football or basketball, they think about the race." -- Richard Petty

                          Comment


                          • #14
                            Sorry, but when you say, essentially, "my rights are greater than your rights," you have a pretty steep hill to climb.
                            "Only a fool fights in a burning house."-Kang

                            "If you listen to fools....The Maaahhhhb Ruuuules....."-Ronnie James Dio

                            Comment


                            • #15
                              Originally posted by Sea Fury View Post
                              "dogsbite.org."

                              Wow, now there's some impartial sources.
                              .

                              I guess I'm not following your logic since what else would you call an organization that tracks bites? If the site was pitbulling killers.org, you'd have a point, but it's not, and you clearly don't.

                              Pit bulls get a bad rap simply because certain semi-humanoid jackasses breed and train them for fighting.
                              So what semi humanoid egomaniac wants to own a dog that has fighting bred into them unless it is cool to own a badass dog. You don't keep wolves, tigers, or chimps as pets because while they can be raised to seem tame, their breeding/dna can cause them snap with little warning. Case in point is this story. Owning one is akin to keeping loaded guns around.

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