“Caylee’s Law:” Unconstitutional from the get-go

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pat.hoover

For over 30 years I've focused my private law practice (HooverLaw. LLC) on what I call "kidcentric law". I'm licensed in Maryland and Washington, DC representing students and youth confronted with administrative and legal issues in school and the community. I love it!

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  • Lauren

    Law that potentially infringes on the Amendment rights of an adult but yet pertains to the protection and rights of the child is not as simple as you have painted it. Your addressing it through the protection of an Adults rights but negating a child’s rights. Under the Limitations of Parental powers, Parents are subject to criminal laws against abandonment, abuse, and neglect of children. Current law does not do an effective job, such as in the Casey Anthony case, at ensuring the safety of children by parental authorities, by allowing the 5th amendment to take precedence. At this time the law has primarily been addressed on a State by State case in which some states only impose a fine and others a Felony and minimum 10 year sentence. Current legislation and state law has failed at preventing the manipulation of the 5th Amendment rights in order to defend the guilty, while failing to protect the innocent. Since the matter pertains to children and adults the lines are while an amendment may protect an adult facing criminal charges, it isn’t written to protect the child and so therefor is not black and white as you’ve described it. This is why Something does need to change…perhaps you have a better recommendation you can offer? The majority of opposition to laws enacted to protect a child,”stems from concerns related to national sovereignty, states’ rights, the parent-child relationship”. Therefor when an Amendment right protects an adult valuing them more than the child we really need to look deeper at the Children’s Rights movement. I believe that the majority of parents would be willing to deal with the hassles and take on the responsibility of notifying authorities of the death or disappearance of a child. Honestly, do you really feel a parent who feels that it is an unfair expectation is cut out to be a parent?

    https://en.wikipedia.org/wiki/Children%27s_rights#Physical_rights