I have a cousin that is wrongfully accused and I can't understand how they can hold him in prison for aggrevated assult, first it was murder, then child abuse, now aggrevated assult, this man was trying to save a babies life, the three month old child was choking and he tried to give it cpr and he called 911 and they told him what to do, then all of a sudden the baby dies and he is charged with all of this?? HOW? The mother of the child who died is even sticking up for him!! How can we live in a country that claims you are innocent until proven guilty but it is the other way around !! What can we do?
2007-04-24 05:11:16 · 10 answers · asked by luvvleey_l 1 in Politics & Government ➔ Law & Ethics
Because we can't spell innocence.
2007-04-24 05:15:40 · answer #1 · answered by Anonymous · 3⤊ 1⤋
It's a shame in this country and a society thing. If I as a person who has been trained in everything try to save a child's life I could be charged and even if cleared I could be sued in civil court. If I gave CPR to an older person..... same thing. Unfortunate as it is better to watch a person die rather than get involved. It is so very sad that good intentions can cost a person all.
So who is levying these charges. Normally if the mother says he tried to help it goes away. The police mark it off as if it went to court nothing would happen.
It's all a process to protect people. I would question the supposed nice mothers intentions. Who says murder? There is so much more to this story. No priors and being able to speak correctly..... well it is easily taken care of. The cops have some sort of reason to be pursuing this.
2007-04-24 05:56:54 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
He is innocent until proven guilty "in a court of law". That doesn't mean he can't be detained before trial. Until the court has made a determination, they have to make assumptions about what would happen if he HAD done it, and was still permitted his liberty - would he offend again, threaten witnesses, flee the country? So for that reason, some people are held without bail, others are allowed freedom with a bail payment, and yet other are release on a simple promise to behave and appear in court.
2007-04-24 06:01:53 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Let me guess: The baby died because his/her ribs broke and punctured his/her lungs or the child's lungs ruptured from being over-inflated....
If they're not trained in CPR, specifically CPR for infants, an adult can easily kill the child they're trying to help. Your cousin WAS the one administering the CPR, so he's the one being tried. Until a verdict is reached, he IS considered innocent in the eyes of the law, but he can and will be detained until his trial or until he posts bail. He'll probably win the case if the DA does prosecute. Until then, best of luck to your cousin.
(I see no problem with investigating any and all deaths of children. Unfortunately, too many DAs feel someone MUST be blamed, even in the case of accidents.)
2007-04-24 05:22:47 · answer #4 · answered by evans_michael_ya 6 · 0⤊ 0⤋
Something is askew.
The Good Samaritan Law protects people who provide rescue cares in line with their training (for example, a CPR-trained person would not do CPR for a choking baby).
Unfortunately, it is really easy to kill a baby doing this, and the examiner can often tell what was done. If the injuries are suspicious, the person who did it will be... questioned at the very least.
There is almost certainly something going on other than what you have said or know.
2007-04-25 15:59:01 · answer #5 · answered by Madkins007 7 · 0⤊ 0⤋
confirm what you elect to appreciate and ask. The forget approximately all the nonsense. no remember if the step-mom has a license has no relating no remember if or no longer they had consensual intercourse. no remember if the step-mom has used drugs has no relating no remember if her daughter is telling the fact. do no longer say first that the son is interior the militia and then say he basically began a activity 4 weeks in the past. Makes you look like a liar. be certain you describe the precise can charge, no remember if or no longer this is statutory rape or sexual attack. the two way, provide the age of this stepsister that he has been dozing with. Then describe what you advise once you assert step-mom is accusing him. If all you elect to appreciate is the which ability of the word "presumed harmless," it is basically a shorthand description of the allocation of the burden of information at trial.
2016-10-13 09:05:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
He is being held prior to his trial. That is why he is in jail. If he is given a bond then he can post that bond. He isn't guilty until innocent, he is required to show he will arrive in court to answer for the charges against him.
2007-04-24 05:17:36 · answer #7 · answered by eastdurhamcop 1 · 3⤊ 0⤋
The question is what did he do that caused that child to choke in the first place that is the reason for the charges?
Quite frankly, your cousin is NOT telling you the whole story.
2007-04-24 05:14:33 · answer #8 · answered by Ricky T 6 · 0⤊ 1⤋
What's the rest of the story?
Cops sometimes get it wrong but not often.
What part of the story are you leaving out?
2007-04-24 05:18:49 · answer #9 · answered by Anonymous · 0⤊ 0⤋
the answer is simple.
if you have lots and lots of money to spend on your defense, this sort of thing NEVER happens.
the DA's know your resources and make decisions on where they will make their examples based on that sort of thing.
this and this alone is why i am 100% opposed to the death penalty - because wealthy people, even though they commit murders, NEVER get it...
2007-04-24 05:20:32 · answer #10 · answered by nostradamus02012 7 · 1⤊ 2⤋