Originally Posted by ShineliketheSon
Okay I have to ask this as my mom told me a story recently of how a mom got charged and put in jail for not vaxing her child who passed a disease onto an infant who died.
Could this really happen? and what if it was my unvaxed infant/child that died of a disease would I be considered medically neglectful and my other children taken away from me even if they are vaxed??? How do you research this?
My DD1 is vaxed, no boosters and is 4. DD2 not vaxed and is 3 mo.
The first question is whether or not a parent can be held criminally liable for the death of another parent's child where the child died as a result of contracting a disease from the parent's child, where the parent's child was not vaccinated. This is very unlikely. Two important elements to a murder charge are unlikely to be proven by the state, especially considering the state's burden is to prove each element beyond a reasonable doubt. First, the state would probably be unable to prove the mens rea (or guilty mind) element to the murder charge (i.e. the parent obviously lacked any specific intent and a murder charge that merely requires malice is unlikely, as the parent's knowledge of an disregard for the specific risk involved is tenuous at best). The second element that is most likely missing is the causation element. That is, the state would have to prove beyond a reasonable doubt that the child's death was actually and proximately caused by the parent not vaccinating. For instance, proving the deceased child contracted the disease from the parent's child would be difficult and vaccines are not 100% effective.
There are a number of other issues, but hopefully this will suffice for now.