Could the McCanns case set a Precedent for other cases?

Question

And could it lead to others who have been jailed for neglect, for leaving children alone,( such as the Mothers who were jailed because their kids died in a hotel fire, when the Mothers left them alone to go out), to appeal their sentences based on the fact that the McCanns arnt even being found guilty of neglect?
Or, if cases in the future are brought, would the McCanns case be used by the Defence to argue that their client shouldnt be jailed?

Also, if the McCanns ARE ever brought to justice for this, would they have to pay back all the fund money raised, because English Law says you cant "Profit from a crime", and these 2 grubs have definately done that?

Ladybugs, what a sad case that is? But the first thing I noticed is that the Mother is black. Would she have been jailed if she was a white middle class Mother? Probably not. That makes me so angry. I agree that she should be held responsible for the deaths of those children though. But the McCanns should be held responsible for Madeleines plight too.

well, according to Portugese law, it HAS been broken!

Portuguese Law below

The article #138 (Portuguese Penal Code) says that it’s a crime not to attend children, not providing the necessary “surveillance” regarding children. So, any action that puts a child (or children) at danger/risk, is a crime. This type of crime is punished from 1 year to 5 in Prison, or from 2 to 8 years in prison, if the action is done by parents.

This is not a common type of crime in Portugal, but one Court from Porto (a town in the North) has found a father guilty by leaving a 4 month child, for brief moments, on the street.

If the outcome of action brings the death to the child, the penalty goes from 3 to 10 years or from 2 to 8, if it brings significant physical damage to the victim

Answer 1

I think the whole Mc Canns story is disgraceful.
I hope and pray that the little girl is found alive and well, i just feel incredibly sorry for her that she has parents who clearly did not care about the safety of any of there children until it was too late.

Answer 2

I certainly hope that it doesn't set the precedent that when a child goes missing the parents who failed to prevent it come in for more criticism (someone has even dubbed them "sick and evil") than the person who made them disappear - the kidnapper.

Every parent of a child who goes missing let their guard down in one way or another. Even the working class ones.

If the McCanns broke Portuguese law and IF the Portuguese authorities decide that the interests of justice are best served by prosecuting them then no doubt there will be a prosecution. Frankly, I doubt it will happen perhaps for no other reason than that they are being punished far more than the law could ever hope or wish to do.

Answer 3

Sorry but regardless of whether they should be charged with neglect or not, they have at the end of the day lost a child and will have to live with that the rest of their lives, but i do believe if they came from a council estate somewhere then there would have not been as much publicity or fund-raising etc and i must admit i have not given to the fund. I'm not that old but i remember the days when it was safe to sit in your next door neighbours garden in the evening when the children were in bed checking on them every 10 Min's or so, what happened to those days eh? I also think in this case the 'best case scenario' would be that the parents were in on the 'kidnap' and that little girl is safe and sound somewhere otherwise it doesn't bear thinking about. When and if she is found then that will be the time to think about charging them with neglect or whatever.

Answer 4

I can't see it. Firstly, despite the "high profile" and all the money spent (squandered?), the little girl has not been found. And according to experts, she is more unlikely to be found alive because her face and her distinguishing marks are known all over the world. No place to hide for her kidnappers (if, indeed, she was kidnapped).

The laws on profiting from crime are directed at criminals who sell their stories to newspapers. The McCanns are not charged with any crime. It is a "crime" that they have decided to give up their careers and abandon their patients, choosing instead to live near the beach in sunny Portugal and do nothing and fund it with money collected to search for their daughter. But that kind of crime isn't on the statutes - yet.

Answer 5

The Mccann's have broken the portugese laws by leaving the kids unattended. They have also just done that 'profit from crime' which is sad cause at the end of the do gerry and kate know what madeleine has been through...or do they????.

Answer 6

http://www.cnn.com/2007/US/06/21/fire.children.killed.ap/index.html

Should these 2 moms get off scott free since they will have to live with their "mistake" for the rest of their lives? I have asked this question before and of course have yet to see someone who thinks the McCanns made a "mistake" reply. What happened to these 5 children could have happened in May in Portugal i at the Mark Warner resort. Lets notice however the moms race in this story....after seeing where they lived I would say low income, and single. Why would she get special treatment? She has no rich friends right?

Now my opinion...these moms committed a crime by leaving their children alone and yes I do think they will suffer for the rest of their lives but they need to do it in Jail.

Answer 7

It seems to be not only legal for the McCanns to leave their children but also a matter of glorification and celebrity. There are bound to be problems convicting anyone in the future. The McCann case has turned everything that is morally and ethically correct upon its head.

Answer 8

Yes I agree.That's why there is outrage.The reality is if the victim is of a certain race with assumed negative intentions its easier for the shooter to walk away without even being drug tested and etc. the said victim story couldn't be told but his evidence(dna) proved the shooter out to be a liar.But some people don't care enough to acknowledge the truth.

Answer 9

How can this case set a precedent in the UK, the McCanns haven't broken UK law, I have no idea why people keep insisting on quoting UK law, etc, when the UK authorities have no jurisdiction.
If they've broken PORTUGUESE law, the it's down to the Portuguese authorities to charge them.

Answer 10

I've spent quite a while thinking of an arguement that shows the McCanns in a good light...I can't.
And yes it is a good point you make, they set a precedent for it being OK to neglect you children in special circumstances, ie when you go out for a drink with friends.(as long as you are middle class).

Answer 11

I also think the high profile case has a danger of putting them above the ranks of many cases which are far more legitimate or for a purpose that puts them on par with high achivement in terms of campaigning that they are seen to be so good at it that they deserve to be held in some esteem or as the mother of Kate put it in a godlike fashion..without the real world perspective of the fact they were not looking after their children when their daughter went missing..