The Punishment For An Accidental Death

Justin Peters reacts to news of a mother being tried for murder because her daughter shot herself:

On Sunday a 5-year-old New Orleans girl shot and killed herself with a .38-caliber revolver while her mother was out at the store. On Monday authorities in New Orleans announced that the mother, 28-year-old Laderika Smith, would be charged with second-degree murder—an offense that, under Louisiana state law, is punishable by life imprisonment at hard labor with no chance of parole. Yesterday I wrote that I wasn’t yet sure what to think about the charges against Smith. Now, I’m sure: This is ridiculously severe. Justice will not be served if Smith is convicted.

There’s negligence and then there’s murder. McArdle chimes in:

How much added deterrence do we get from telling parents that if their kid finds a gun and shoots themselves (or a sibling), that parent will go to jail? Let me submit that the answer is “virtually none”. Oh, sure, there are a handful of sociopathic, mentally ill, or drug addicted parents who don’t care if their kid gets shot, but we’re mostly describing people sufficiently addled that very little will deter them from anything. All the rest of the parents are internally sobbing with anguish at the mere passing thought that something could happen to their darling child.