{"id":715,"date":"2014-10-01T11:48:20","date_gmt":"2014-10-01T16:48:20","guid":{"rendered":"http:\/\/sites.law.duq.edu\/juris\/?p=715"},"modified":"2017-11-20T20:25:40","modified_gmt":"2017-11-21T01:25:40","slug":"autumns-law-plays-the-blame-game","status":"publish","type":"post","link":"https:\/\/sites.law.duq.edu\/juris\/2014\/10\/01\/autumns-law-plays-the-blame-game\/","title":{"rendered":"Autumn\u2019s Law Plays the Blame Game"},"content":{"rendered":"
\"Autumns<\/a>
Photo courtesy of www.wn.com<\/figcaption><\/figure>\n

By: Alison Palmeri, Staff Writer<\/p>\n

Should parents be punished for the crimes of their minor children? If Anthony Pasquale has anything to say about it, yes.<\/p>\n

In 2012, Pasquale\u2019s 12-year-old daughter, Autumn, was strangled by her neighbor, 15-year-old Justin Robinson. Pasquale believes that had Robinson, who was diagnosed with mental and emotional challenges, been more closely supervised by his parents; Autumn would still be alive today.<\/p>\n

Pasquale has taken his cause to Change.org and the New Jersey Legislature and is advocating for \u201cAutumn\u2019s Law\u201d which, in part, reads:<\/p>\n

\u201cParents\/guardians who neglect, abuse, abandon or ignore the warning signs of their children\u2019s propensity toward violence are direct contributors to their minor children\u2019s murders.\u201d[i]<\/a><\/p>\n

The petition will be delivered to New Jersey Governor Chris Christie and the New Jersey State Senate when 20,000 signatures accompany the petition. Currently, the petition is lacking 8,117 signatures.<\/p>\n

What Pasquale is ultimately asking for is a law that makes parents \u201ccriminally<\/em> responsible for murders committed by their minor children, when they know or should have known the propensity toward violence existed.\u201d[ii]<\/a><\/p>\n

While there may be some popular support, so far the law does not favor this approach. Although parents are obligated to care for their children, tort law does not mandate that they control their children\u2019s every action.<\/p>\n

According to Naomi Cahn, a family law professor at George Washington University, \u201cunless you can show that a parent forced or encouraged the child to commit the crime, courts don\u2019t blame parents.\u201d[iii]<\/a><\/p>\n

The most high-profile cases advocating for legal ramifications on \u201cbad parenting\u201d began in the late 1990s after several school shootings occurred over a handful of years. Most notably, following Columbine there was widespread support for parental blame and polls immediately following the shooting showed that 85% of Americans held the shooter\u2019s parents responsible for their children\u2019s actions.[iv]<\/a><\/p>\n

Even with significant poll numbers supporting criminal liability for parents, the passing of Autumn\u2019s Law will likely have adverse effects on society as a whole. Pasquale\u2019s efforts in the wake of his daughter\u2019s tragic death are warranted but the petition has the potential to aide to the social epidemic of shifting the blame. It is time for individuals to take responsibility for their own actions, rather than utilizing the legal system to maneuver a transfer of responsibility.<\/p>\n

Regardless of parenting styles and awareness of \u201cwarning signs,\u201d many other factors contribute to shaping a person. At some point, diligent childrearing is not enough. Encouraging parents to watch their children\u2019s every move is going to create a sheltered culture where minors are not allowed to make even harmless mistakes. Further, parents who cannot financially support their children\u2019s extra medical services would likely be the largest population of parents serving time for their children\u2019s actions.<\/p>\n

In recent years, the trend toward \u201chelicopter parenting,\u201d (where parents are expected to be hyper-aware of their children\u2019s action) has led to an increase in civil case filings against the parents of children that have committed crimes. In most cases a settlement agreement is reached. The success in past civil cases will contribute to continued societal desires to hold parents liable for their children\u2019s actions.<\/p>\n

[i]<\/a> Pasquale, Anthony. \u201cPetition to Chris Christie \u2018Autumn’s Law\u2019 – Hold Abusive\/Neglectful Parents Accountable.\u201d http:\/\/www.change.org\/p\/autumn-s-law-hold-abusive-neglectful-parents-accountable<\/p>\n

[ii]<\/a>Id.<\/p>\n

[iii]<\/a> Belkin, Lisa. \u201cIs It A Crime To Raise A Killer?\u201d Yahoo News<\/em>. 12 September 2014 < http:\/\/news.yahoo.com\/is-it-a-crime-to-raise-a-killer–190558283.html>.<\/p>\n

[iv]<\/a> Belkin, Lisa. \u201cDo We Blame the Columbine Parents?\u201d Motherlode<\/em>. 20 April 2009 <http:\/\/parenting.blogs.nytimes.com\/2009\/04\/20\/do-we-blame-the-columbine-parents\/?_php=true&_type=blogs&_php=true&_type=blogs&_r=1>.<\/p>\n","protected":false},"excerpt":{"rendered":"

By: Alison Palmeri, Staff Writer Should parents be punished for the crimes of their minor children? If Anthony Pasquale has anything to say about it, yes. In 2012, Pasquale\u2019s 12-year-old daughter, Autumn, was strangled by her neighbor, 15-year-old Justin Robinson. Pasquale believes that had Robinson, who was diagnosed with mental [\u2026] <\/p>\n

<\/div>\n

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