Religion
Related: About this forumNo bail for Pa. parents in faith-healing death
Last edited Fri May 24, 2013, 11:55 PM - Edit history (1)
By MARYCLAIRE DALE
| Associated Press
PHILADELPHIA (AP) After their 2-year-old son died of untreated pneumonia in 2009, faith-healing advocates Herbert and Catherine Schaible promised a judge they would not let another sick child go without medical care.
But now they've lost an 8-month-old to what a prosecutor called "eerily similar" circumstances. And instead of another involuntary manslaughter charge, they're now charged with third-degree murder.
"We believe in divine healing, that Jesus shed blood for our healing and that he died on the cross to break the devil's power," Herbert Schaible, 44, told Philadelphia homicide detectives after their ninth child, Brandon, died in April. Medicine, he said, "is against our religious beliefs."
The Schaibles were ordered held without bail Friday, two days after their arrest, although defense lawyers argued that they are neither a flight risk nor a danger to the community.
http://hosted.ap.org/dynamic/stories/U/US_PRAYER_DEATHS_CHILDREN?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-05-24-22-57-03
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From further down in the article:
rug
(82,333 posts)Control-Z
(15,682 posts)But a second one?
rug
(82,333 posts)It's a catch all. Without an intent to kill, involuntary manslaughter still looks like the best fit, even with the second child's death. It would be hard to claim ignorance of the consequences which makes it criminally negligent homicide but not intentional.
§ 2501. Criminal homicide.
(a) Offense defined.--A person is guilty of criminal
homicide if he intentionally, knowingly, recklessly or
negligently causes the death of another human being.
(b) Classification.--Criminal homicide shall be classified
as murder, voluntary manslaughter, or involuntary manslaughter.
§ 2502. Murder.
(a) Murder of the first degree.--A criminal homicide
constitutes murder of the first degree when it is committed by
an intentional killing.
(b) Murder of the second degree.--A criminal homicide
constitutes murder of the second degree when it is committed
while defendant was engaged as a principal or an accomplice in
the perpetration of a felony.
(c) Murder of the third degree.--All other kinds of murder
shall be murder of the third degree. Murder of the third degree
is a felony of the first degree.
§ 2504. Involuntary manslaughter.
(a) General rule.--A person is guilty of involuntary
manslaughter when as a direct result of the doing of an unlawful
act in a reckless or grossly negligent manner, or the doing of a
lawful act in a reckless or grossly negligent manner, he causes
the death of another person.
(b) Grading.--Involuntary manslaughter is a misdemeanor of
the first degree. Where the victim is under 12 years of age and
is in the care, custody or control of the person who caused the
death, involuntary manslaughter is a felony of the second
degree.
http://law.onecle.com/pennsylvania/crimes-and-offenses/00.025.001.000.html
But it looks like Criminal Homicide allows the prosecution some leeway with deciding whether to charge them with murder in the 3rd degree or involuntary manslaughter.
Given that they swore not to do this again and willfully and knowingly lied to the court as well as willfully and knowingly put their children's lives in danger I think they should get a harsher charge than they did last time. I would also expect them to charge them with perjury.
What I don't get is that they have no issue with risking their children's lives for their beliefs, but have no problem breaking an oath to the same God to tell the truth? Weren't they sworn in?
LostOne4Ever
(9,288 posts)It became more when they promised not to do it again in order to keep their children the first time. If they were unwilling to do that they should have told the judge otherwise and had the kids taken out of the home for their own safety.
The grading of the offense depends on their state of mind, their mens rea.
I see a plea to involuntary manslaughter being offered.
Adsos Letter
(19,459 posts)about the difference between involuntary manslaughter and third degree murder.
I'll try to educate myself on it this evening.
I found their pastor's response, which I excerpted, to be especially grating. It reminded me of my cousin's experience with a particularly fundamentalist husband: severe depression? If you just get your spiritual act together you won't need anti-depressant meds, or any other type of treatment. Just practice the Health Message, and get your act together with God. And so she suffered, for years, with severe, debilitating, depression. And the woman was about as committed to Jesus, and careful about diet and exercise, as a person can get.
He finally softened his stance and "allowed" her to use an anti-depressant. And she experienced a pronounced recovery. And continues with a strong faith, and practices a healthier lifestyle than most. She just isn't miserable anymore.
Imagine that.
Edited to include the fact that I've now seen your subsequent post, and I thank you for educating all of us on the subject, as you often do. A dog-walk in between the time I first started formatting this post, and subsequent posting, put me out of the loop.
rug
(82,333 posts)The pastor should be charged with criminal solicitation.
(a) Definition of solicitation.--A person is guilty of
solicitation to commit a crime if with the intent of promoting
or facilitating its commission he commands, encourages or
requests another person to engage in specific conduct which
would constitute such crime or an attempt to commit such crime
or which would establish his complicity in its commission or
attempted commission.
(b) Renunciation.--It is a defense that the actor, after
soliciting another person to commit a crime, persuaded him not
to do so or otherwise prevented the commission of the crime,
under circumstances manifesting a complete and voluntary
renunciation of his criminal intent.
The pastor was as aware of the likely consequences as the parents. If the prosecution wants to stop these "faith healing" deaths, that is the surest way. I doubt they're prepared to weather the firestorm that would cause. It's much easier to simply shoot these poor fish in the barrel.
(Pet your dog for me. )
Adsos Letter
(19,459 posts)Yeah, he's admitting his knowledge, and his awareness of how they would act in a future similar situation.
It's two Chihuahua/Yorkie mixes (we call 'em Chorkies) and a Beauceron. Walking the three of them is usually like trying to walk a pack of squirrells.
riqster
(13,986 posts)We call her a Chowpeinu. Dumb but sweet.
Shadowflash
(1,536 posts)Disgusting.
LiberalAndProud
(12,799 posts)It is clear from this tragedy that faith can be soul destroying. I think Herbert Schaible should be charged as an accessory to murder. What a heartless god these people worship.
dimbear
(6,271 posts)Adsos Letter
(19,459 posts)BrotherIvan
(9,126 posts)I've always wondered why we celebrate someone's strange need to over-produce. Can someone explain it to me?
freshwest
(53,661 posts)They are passing laws to let women die for the religious belief of those men.
sakabatou
(42,152 posts)SheilaT
(23,156 posts)Don't get vaccines, don't see a doctor. If you're an adult it's your choice.
But when it comes to your children, willful ignorance is no excuse. And that's exactly what these kinds of cases are: willful ignorance.