Do you think the death penalty is a little extreme for Shaken Baby Syndome?

[KostasKouvalis]

There's some guy in Texas who was found guilty of causing Shaken Baby Syndome 20 years ago and sentenced to death by execution. He was supposed to be executed today, but the judge granted him a temporary stay so he can appeal on Monday, because they're saying now the baby appeared to have several health issues and didn't die of shaken baby syndrome. One of the reasons he was found guilty is because he didn't show any emotion, later they found out he was autistic, but of course Americans think any behavior that doesn't fit their idea of "normal" is a red flag. Americans love to make crazies from everyone. But anyways, even the detective who arrested him is now saying he made a mistake. But that's not the point. Even if he committed Shaken Baby Syndrome, I think his sentence is really extreme. He should go to jail, but not for life, "less, much less" as Hector Salamanca would say, and he certainly shouldn't be executed for it. It's just a baby. HIS baby at that. In some countries you can serial kill or commit a mass shooting and only get 25. This is one of those instances where I feel the punishment really doesn't fit the crime.

Updates

1 y

The point I was trying to make is there are people in this country who've committed far worse crimes and gotten much less severe punishments.

[buzzword]

So lets frame it in a way you might be able to understand. If you and I run into each other on the street and you start running your mouth and I get frustrated and pull out an aluminum baseball bat and tune you up and then repeatedly kick you in the head with steel toe boots until you have permanent brain damage. I tell the judge I wasn't trying to kill you, you were just being annoying so I shook you up a bit to get you to stop. What what kind of punishment do you think I should get? It's probably at least attempted murder with a sentence of 15 years in prison with an additional 15 years of probation after release if you are on good behavior and of course a monetary fine of several thousand dollars. Generally when you commit crimes against children who can't defend themselves, there are stiffer penalties with longer sentences. Forcefully shaking a baby to the point of permanent brain damage is pretty serious. Does it warrant the death penalty? Maybe... You took the person's entire normal life away from them. They never even have a chance at life. So should get to keep living?

[buzzword]

I mean you're just somebody's baby right? What does it matter if you become completely mentally retarded and shit your pants every 15 minutes or whatever and have to wear a diaper 24 hours a day.

[In_Trance]

So what you're asking is if giving your own life is a little extreme for taking someone else's?

[WintersDaughter]

I agree with your point. There was a woman that murdered her newborn, literally planned it out all through her pregnancy, and she was only sentenced to a few months in jail... and not even for murder.

Shaken baby syndrome is definitely cause for removing the child from the home and getting jail time, a long with therapy and probably anger management classes, but he shouldn't get the death penalty. Not when so many others do much worse crimes against children and infants and get away with it.

[WintersDaughter]

Wait a second. Explain what you mean by "It's just a baby. His baby at that." Do you think abusing your own children is alright? You think hurting your kids because they cry is fine?

[KostasKouvalis]

For real. Fucking Texas.
No. What I'm saying is people have done far worse things than killing their baby, and gotten far less severe punishments. But your example is good too.
I believe she was misdiagnosed, but even if it was Shaken Baby Syndrome, where is the proof that it was actually HIM, let alone that it was deliberate. But assuming he DID to it, I personally would've just charged him with manslaughter.

[WintersDaughter]

It's extremely difficult to misdiagnose shaken baby syndrome. You have to shake the baby VERY hard. It's not a little shake, it's aggressive. The proof it was him is he probably admitted to it or was the only one home

[KostasKouvalis]

I don't know, 'cuz often you can plead guilty to avoid the death penalty. How do they know he was the only one home? I don't know the details of the actual case, but one of the things that prosecutors used is they said he lacked emotion, but the guy was just autistic, which they didn't know at the time. But my dad lacks emotion, it doesn't mean he's a murderer.
They're saying now the baby had been to the doctor 40 times in a 2 year span. May have been even more, I don't know the exact number, but for some reason that information wasn't revealed in court.

I don't understand though why he didn't try to have a retrial sooner. He seems like he doesn't care that he's in jail, he just doesn't wanna die. I can't imagine what that must feel like. Counting down the days to your own death.

[petitedollbabee]

Yes it is a bit extreme, especially when the baby didn’t die. But I do believe that the prison sentence is justified. Whether he’s autistic or not, shaken baby syndrome doesn’t happen on accident. It is caused by severe trauma to the brain. He must have had some understanding of what he was doing to that poor baby. And now that baby has to live its life with multiple health issues, never having good quality of life.

[petitedollbabee]

Just re-read your question - did he even receive ANY prison time or just the death sentence?

[Smashingdoozy]

I don't know if I agree with the death penalty at all in general.

But shaken baby syndrome is no joke. It's not something that can just happen accidentally, the force required is astronomical.

[jahaims]

"It's just a baby". You are mental