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let the mother be presumed innocent until found guilty

Index of Frank's Diaries

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sat Jan 12th, 2008 at 11:13:04 AM EST
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There are two legal principles that need to be balanced here: the presumption of innocence and the welfare of the child.

Guilty or not: this nuclear family has been devastated; it can no longer function. Placing the child with the maternal grandmother would necessarily constrain her contact with her daughter - just when the daughter is in most dire need of this.

Placing the child with the Slovakian grandmother might well be the best solution for all concerned.

As far as guilt goes, this story certainly has a there-but-for-fortune aspect. Life, law and society demand the impossible of us - that we be relentlessly vigilant. We all of us lapse in our vigilance from time to time; mostly it doesn't matter, nothing happens. Sometimes (surprisingly rarely, really, considering) it does matter - the half-second of inattention, the 10 seconds of distraction, and shit falls on us like a ton of bricks. Then life, society or the law - or any arbitrary combination thereof - punishes us. That is the fundamental unfairness of life.

The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman

by dvx (dvx.clt št gmail dotcom) on Sat Jan 12th, 2008 at 01:08:10 PM EST
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