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Xelebes
Velociraptor
Joined: Apr 13, 2008
Age: 23
Posts: 456
Location: Edmonton, Alberta
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 Posted: Fri Jun 27, 2008 11:00 am Post subject: |
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| jat wrote: | | I don't think there's an assumption that anyone intended to kill the child. The problem here is that the adults in charge were so intent on stopping what they saw as the child's unacceptable behavior, that they didn't pay attention to the ramifications of what they were doing. They just wanted the noise and the behavior to stop - I don't think for a minute that they wanted to kill the child. I do think they weren't thinking about the child, though. Anyone who was thinking about the child would have recognized that wrapping a small child in a heavy blanket, and leaving him (wrapped) face down, would be dangerous. The criminal charges wouldn't be murder - they would be some lesser charge of manslaughter (no intent) and gross negligence of a caretaking duty. People who shake babies (shaken baby syndrome) generally aren't trying to hurt or kill the baby, either - they just want the baby to stop crying. The fact is, the baby gets hurt, and the shaking is wrong and dangerous. It's the same kind of problem, just a little differently presented. |
I am thinking that, with this being a special-needs school, that the staff are somewhat aware of the medical treatments available for autistic children - especially the fact that they have a weighted blanket available for them to use. Now, given that the staff are trained to deal with students with special needs, the child could really have been acting troublesome and the teacher thought the appropiate means of stopping this behaviour was to provide a stimulation - a weighted blanket.
Here, errors are likely to have been the cause of death. I would suspect a tort has been committed, but nothing criminal. |
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slowmutant
Phoenix
Joined: Feb 14, 2008
Age: 29
Posts: 7010
Location: Ontario, Canada
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| Posted: Fri Jun 27, 2008 1:59 pm Post subject: |
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| We have to give the adults more credit here. Sometimes stoppoing a behaviour is necessary. |
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nirrti_rachelle
Go Tigers!
Joined: Jul 22, 2005
Age: 33
Posts: 1172
Location: The Dirty South
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| Posted: Fri Jun 27, 2008 3:36 pm Post subject: |
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| slowmutant wrote: | | We have to give the adults more credit here. Sometimes stoppoing a behaviour is necessary. |
What behavior, breathing?
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"There is difference and there is power. And who holds the power decides the meaning of the difference." --June Jordan |
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slowmutant
Phoenix
Joined: Feb 14, 2008
Age: 29
Posts: 7010
Location: Ontario, Canada
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| Posted: Fri Jun 27, 2008 3:43 pm Post subject: |
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| Quote: | | What behavior, breathing? |
No, more like violence, self-injury, injury of others. If the kid were to go completely apesh*t, what are you supposed to do? Some autistic kids do not respond to langauge. They cannot be reasoned with or told to "settle down." It's a tragedy that the little boy lost his life, but it was an accident. I'm sure the people were well-trained. Despite experience and training, accidents still happen.
Why is it that only when people are trying to help that they become alleged murderers? |
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Jainaday
in uncertain taste
Joined: Jul 09, 2007
Age: 24
Posts: 1344
Location: in the They
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| Posted: Sat Jun 28, 2008 2:41 am Post subject: |
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| slowmutant wrote: | | Quote: | | What behavior, breathing? |
No, more like violence, self-injury, injury of others. If the kid were to go completely apesh*t, what are you supposed to do? Some autistic kids do not respond to langauge. They cannot be reasoned with or told to "settle down." It's a tragedy that the little boy lost his life, but it was an accident. I'm sure the people were well-trained. Despite experience and training, accidents still happen.
Why is it that only when people are trying to help that they become alleged murderers? |
Because as effective as killing someone is in stopping a behavior, it's not right--even if it is an accident based on well intended actions. |
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Jacobison
Snowy Owl
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Joined: Jan 28, 2008
Posts: 138
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| Posted: Sat Jun 28, 2008 3:10 am Post subject: |
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| slowmutant wrote: | Was he held facedown against the blanket with his mouth & nose covered?
I've heard of this. It could be Positional Asphyxiation.
And only 9 years old. 
Let's all hope he has gone to a place where there is no pain or fear. RIP, kid. |
yeah he's dead, there's no pain or fear there |
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slowmutant
Phoenix
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Age: 29
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Location: Ontario, Canada
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| Posted: Sat Jun 28, 2008 9:34 am Post subject: |
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Am I the only person goiving the boy's caregivers the benefit of the doubt? Aren't people innocent until proven guilty? This is an irrational knee-jerk response, and I'm disappointed by it. WHat do we know of the coroner's report? Eyewitness report? Medical records?
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nodice1996
Velociraptor
Joined: Jan 04, 2008
Age: 12
Posts: 413
Location: Clinton,MI,USA,Earth, The Milky Way, The Universe,Unknown
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| Posted: Sat Jun 28, 2008 9:29 pm Post subject: |
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god damn schools think they have the authority to forcibly restrain people! now look what they did.
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Jainaday
in uncertain taste
Joined: Jul 09, 2007
Age: 24
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Location: in the They
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| Posted: Sat Jun 28, 2008 11:36 pm Post subject: |
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| slowmutant wrote: | | Am I the only person goiving the boy's caregivers the benefit of the doubt? Aren't people innocent until proven guilty? This is an irrational knee-jerk response, and I'm disappointed by it. WHat do we know of the coroner's report? Eyewitness report? Medical records? |
Enough is known about safe/unsafe restraints that the caregivers had a legal and moral responsibility to know how to preform whatever technique they were using without killing a child. |
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Xelebes
Velociraptor
Joined: Apr 13, 2008
Age: 23
Posts: 456
Location: Edmonton, Alberta
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| Posted: Sun Jun 29, 2008 4:20 am Post subject: |
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| Jainaday wrote: | | slowmutant wrote: | | Am I the only person goiving the boy's caregivers the benefit of the doubt? Aren't people innocent until proven guilty? This is an irrational knee-jerk response, and I'm disappointed by it. WHat do we know of the coroner's report? Eyewitness report? Medical records? |
Enough is known about safe/unsafe restraints that the caregivers had a legal and moral responsibility to know how to preform whatever technique they were using without killing a child. |
And I ask, is that criminal negligence or negligent to prevent harm? |
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slowmutant
Phoenix
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Age: 29
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Location: Ontario, Canada
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| Posted: Sun Jun 29, 2008 6:50 am Post subject: |
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| Or was it simply an accident? |
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JamieRose
Tufted Titmouse
Joined: Apr 21, 2007
Posts: 49
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| Posted: Sun Jun 29, 2008 7:42 am Post subject: |
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| That poor kid. Too young to die. |
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Jainaday
in uncertain taste
Joined: Jul 09, 2007
Age: 24
Posts: 1344
Location: in the They
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| Posted: Sun Jun 29, 2008 8:19 am Post subject: |
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| Xelebes wrote: | | Jainaday wrote: | | slowmutant wrote: | | Am I the only person goiving the boy's caregivers the benefit of the doubt? Aren't people innocent until proven guilty? This is an irrational knee-jerk response, and I'm disappointed by it. WHat do we know of the coroner's report? Eyewitness report? Medical records? |
Enough is known about safe/unsafe restraints that the caregivers had a legal and moral responsibility to know how to preform whatever technique they were using without killing a child. |
And I ask, is that criminal negligence or negligent to prevent harm? |
I need a clearer question if I'm going to answer. |
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Jainaday
in uncertain taste
Joined: Jul 09, 2007
Age: 24
Posts: 1344
Location: in the They
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| Posted: Sun Jun 29, 2008 8:20 am Post subject: |
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| slowmutant wrote: | | Or was it simply an accident? |
Are you identifying "simply an accident" as different from "a criminally negligent accident?" |
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slowmutant
Phoenix
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Age: 29
Posts: 7010
Location: Ontario, Canada
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| Posted: Sun Jun 29, 2008 8:24 am Post subject: |
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| Accidents can be criminally negligent. They can also be accidents in the NASA Challenger Shuttle Mission of '86 sense of it word. Which this is, I don't know. |
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