We Can Make a Law about That | Criminal Law News

When Casey Anthony was acquitted of murder charges in 2011, many people around the world expressed their outrage. Anthony?s two year old daughter Caylee was missing for 31 days before Anthony reported anything to the police, and this led most people to the conclusion that Anthony must have been responsible in some way for the toddler?s death. The legal system may not have found enough evidence to convict Anthony, but the resulting outcry led New York assemblywoman Grace Meng to propose a timely reporting law. Meng?s proposal, nicknamed Caylee?s Law, was the first of many throughout the United States.

Why is Grace Meng?s Bill Controversial??

Meng?s proposal noted that there is currently no legislation in place within the state of New York that mandates when a parent must notify the authorities that a child is missing. The introduction of a timely reporting bill has gained a lot of support from the general public, but lawmakers have been hesitant to get involved. The major issue from a lawmaker?s perspective is that Meng?s proposal does not define what timely means. If the bill were to pass as written, the definition of timely reporting would be left up to individual judges and juries to decide on a case by case basis. This raises a huge list of legal concerns, and it practically guarantees that people will not be treated the same, even in virtually identical circumstances.

Other Proposed Versions of Caylee?s Law

Although Meng?s bill has gotten most of the media and political attention, it is not the only bill that was introduced in New York as a result of the Casey Anthony trial. Senator Andrew Lanza also introduced a Caylee?s Law bill that gave specific guidelines for timeliness. Rather than leaving it up to interpretation, Lanza asked for a 24 hour window. According to the proposed law, if a parent fails to notify the authorities within 24 hours of a child?s disappearance, they will be charged with a class E Felony.

The verdict in the Casey Anthony trial caused lawmakers in sixteen other states to introduce their own version of Caylee?s Law. Seven of these states, including Florida, have enacted the law to date. All of the bills were at least partially based on Meng?s original bill, but most of the states have defined timely as 24 hours. Penalties vary greatly from state to state, and critics have been vocal about some of the potential issues that these laws can create.

Why do Some People Oppose Caylee?s Law?

Several of the opponents of Caylee?s Law contend that it is unconstitutional and violates the 5th Amendment. There are also controversial aspects to the law in some states that may cause truly innocent parents to serve jail time. For example, in many places the law requires parents to report the disappearance or death of their child within 24 hours, but it does not differentiate between causes of death. Due to this, a parent could technically be charged with a felony if they fail to immediately report to the police a death that occurs in a hospital due to an illness.

Why are 10 States Still Debating the Law?

Of the 17 states that have seen proposed versions of Caylee?s Law, only seven of them have moved forward. The other 10 states, including New York, are tied up in the legal debate over what timely means and what age group the law should apply to. Although Wisconsin passed the bill with the timely passage still in place, most state lawmakers are adamant about defining the word timely before moving forward.

This article was written by James Marshall on behalf of ?the Michael S. Berg law office. When faced with criminal charges for child related crimes, seek help from a certified criminal lawyer.

Source: http://criminallawnews.us/2012/10/we-can-make-a-law-about-that/

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