While I agree that anyone this happens to serves their own life sentence of guilt, I still think there needs to be some sort of "sentence" in these cases. Maybe not jail time, but something like speaking places or education/awareness in communities. Like people who text and drive and end up in accidents that harm or kill others. I think the loss of a life is too great to just say "their guilt is enough of a sentence" and let it be that.
No I don't think so. With the recent story I was watching GMA and their correspondent said he believed there might be more to the story than what was being told. So, I don't know how one would prove it was an accident vs an "easy" way for abusers to kill their child. However, with true accidents, I cannot imagine being punished any further than carrying the guilt for the rest of your life.
DD fell in front of me and I couldn't handle the fact that my child fell in my company. I think @23melissa28 (I'm not sure if I got the numbers right) described my exact feelings when she said that she wanted to throw herself off the roof when Jr. got hurt so that she could be even with him (of course she said it better). Also, I could not imagine the punishment of having to rehash it to strangers over and over again.
I think it should be a case by case basis. I don't think it's straight forward. But if there isn't a harsh punishment, then what's to stop crazies from "accidentally" doing it.
I think it should be a case by case basis. I don't think it's straight forward. But if there isn't a harsh punishment, then what's to stop crazies from "accidentally" doing it.
I agree. Too circumstantial for a black or white decision.
I'm kind of torn, for all the reasons stated above. Question from the not-fluent-in-legalease camp, wouldn't involuntary manslaughter be the type of charge associated with something like this?
I think it should be a case by case basis. I don't think it's straight forward. But if there isn't a harsh punishment, then what's to stop crazies from "accidentally" doing it.
I'm kind of torn, for all the reasons stated above. Question from the not-fluent-in-legalease camp, wouldn't involuntary manslaughter be the type of charge associated with something like this?
I think so, usually. But last week a father was charged with murder for this. I'm not sure why the different charge. I thought murder charges needed intent.
Most of these cases, I think charges are brought only so that they can do a thorough investigation to confirm that it is, indeed, just a terrible accident. I think if it was truly unintentional, just an accident, then there is no crime. Intent is necessary for murder, and for lesser charges, there is usually some requirement of willful or wanton behavior (ie texting and driving, where you know it's dangerous, you're not intending to kill someone, but your conduct is inherently dangerous).
No. If it's an accident (and intent is always looked into in these cases), there is no reason for criminal charges. Loss of their child is awful enough.
I recently read an article about a mom who decided to leave her tantrum-ing 5 or 6-year old in the car on a cool day while she got one thing from the grocery store. A "good Samaritan," in her opinion, videoed the child alone and called the police. She got a community service sentence for her "temporary lapse in judgement." She thought it was ridiculous to be scared of kidnapping, etc., but I leaving your child alone in public is wrong and punishable.
The story of that 8 month old got me in my gut. I read it the other day and couldn't hold my baby tight enough. I cannot imagine a child of our babies age alone in the bushes. It's gut wrenching.
@breadandbutter07 It is not illegal or punishable everywhere. In the state of North Dakota there are no laws. I could leave a toddler, as long as it's not for very long and a cool day. The cops won't do squat.
They do have suggestions though. I can't found the graphic explaining it though.
Not saying I agree, but it's not illegal everywhere.
ETA - to change wording. I saw the law says toddlers. So my example was a moot point.
regardless of what the laws say, I would never feel comfortable leaving my child unattended anywhere!
As I said I don't agree, but it is what it is. I was just stating that it is not illegal everywhere.
Yeah, I wasn't attacking you I just think with laws like this (or lack of a law prohibiting this) it gives people who may not have common sense or the best sense of judgement the okay to do it.
regardless of what the laws say, I would never feel comfortable leaving my child unattended anywhere!
As I said I don't agree, but it is what it is. I was just stating that it is not illegal everywhere.
Yeah, I wasn't attacking you I just think with laws like this (or lack of a law prohibiting this) it gives people who may not have common sense or the best sense of judgement the okay to do it. -------------------------------------------------- Oh, I definitely agree. I live in North Dakota. I'm sure as our population increases, and more tragedies occur. Laws will be changed.
For anyone thinking that it is an automatic crime, please read the Washington post article that won a Pulitzer Prize about hot car deaths, and then see if your view that it is automatically worthy of some sort of criminal charges changes.
I agree with dknight--if it was solely an accident, these parents need compassion and counseling (and probably suicide watches). It gets so hot here in the summer--and I have that heart sinking feeling that the above poster described some mornings that our routine has been changed--not because we have ever slipped up. But just because I know now front hat article how truly easy it is to do so--and then have to live with that mistake everyday for the rest of your life...
There was a story circulating somewhere on the interweb (FB maybe) about a guy who accidentally left his daughter in his car and he went to work. In said story, he was tried in a court of law - and the prosecutor's brought in a medical field worker who described, in detail, the process in which an infant dies due to heat stroke.
I about puked, then ugly cried in my office, then left work early and ran home to my baby. I also sent it to my DH and made him read it. I think anyone who does this to their child, even accidental, should have to hear what that man heard. Even retyping this makes me cry. It is absolutely horrible.
I think anyone who does this to their child, even accidental, should have to hear what that man heard.
omg, I can't disagree more. That sounds unnecessarily cruel. It would be one thing if it had been done on purpose but if it was an accident caused by a sleep deprived parent because of some sort of change in routine, why would you ever want to inflict that on a person??
I think anyone who does this to their child, even accidental, should have to hear what that man heard.
omg, I can't disagree more. That sounds unnecessarily cruel. It would be one thing if it had been done on purpose but if it was an accident caused by a sleep deprived parent because of some sort of change in routine, why would you ever want to inflict that on a person??
Exactly. This is a tragedy, just like a kid getting hit by a car by darting out in the street when a parent got distracted when they were all out playing on the driveway. Could the parent have avoided it by being more careful and vigilant? yes. Could it possibly happen to all of us in the right circumstances, but for the grace of God? Yes.
ncase2 said:
There was a story circulating somewhere on the interweb (FB maybe) about a guy who accidentally left his daughter in his car and he went to work. In said story, he was tried in a court of law - and the prosecutor's brought in a medical field worker who described, in detail, the process in which an infant dies due to heat stroke. I about puked, then ugly cried in my office, then left work early and ran home to my baby. I also sent it to my DH and made him read it. I think anyone who does this to their child, even accidental, should have to hear what that man heard. Even retyping this makes me cry. It is absolutely horrible.
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Retyping it makes you cry thinking about what you heard, now imagine being that parent who is sleep deprived, trying to make ends meet, but had a change in their routine and a tragic accident happened. How do you feel having to hear the process of what your child had to endure and know it's accidentally because of you?
@Lee81 - I guess in my mind, I just can't fathom this being an accident. Maybe that's my UO for the week. I can understand being sleep deprived - my kid was colicky, MSPI, and 6 weeks early with health problems, and I was (am) the only one doing night duty, so I can relate; however, this is a person we're talking about. A helpless person that you brought into the world, who relies on you for everything. And you forgot about them, and they died one of the most painful, slow deaths imaginable. I just can't.
However, I agree that where it was found not to be intentional that counseling should be offered, and I don't think there should be criminal charges. I just think hearing that would be enough punishment.
@Lee81 - I guess in my mind, I just can't fathom this being an accident. Maybe that's my UO for the week. I can understand being sleep deprived - my kid was colicky, MSPI, and 6 weeks early with health problems, and I was (am) the only one doing night duty, so I can relate; however, this is a person we're talking about. A helpless person that you brought into the world, who relies on you for everything. And you forgot about them, and they died one of the most painful, slow deaths imaginable. I just can't.
However, I agree that where it was found not to be intentional that counseling should be offered, and I don't think there should be criminal charges. I just think hearing that would be enough punishment.
This just happened about 5 miles always so it's all over our news. I do think there should be charges in these cases and to ignore it, call it an accident and grieve for the parent's guilt is incredibly disrespectful to the baby, who died a terrible painful drawn out death. This happens 48 times a year, so it's not this all encompassing trend that is happening. 48 parents were so tired, so distracted, so whatever that they forgot their children. I can promise you that there are millions of parent more tired than these 48 parents that do not forget their children. Where else would it be ok to forget you have your child with you? I don't agree with murder charges but I also don't think the feelings of guilt that the parent has to endure is enough.
I clearly have a lot of feels on this. I live in cobb county so I've had a lot of discussions about it lately.
ETA: I have also read the article posted find it haunting and terrible but it doesn't change my opinion on this.
That's the point there are millions of tired parents out there. We are all capable of making this mistake. That is why it is so terrifying.
The way our human brains are wired. It makes this kind of mistake very possible. We run out auto- pilot so much. Especially while driving.
A simple phone call or a change of routine can be a matter of life or death. Should you be punished because you plumber called while you are on your way to work?
I have really bad ADD. I have really bad lapses of memory. ALL THE TIME! Leaving my child is my biggest fear ever!
If I took a call from the plumber and drove across a median and killed pedestrians I would face charges. If I fell asleep at the wheel and killed someone I would face charges. I don't feel like cases like this should be any different.
I do think there should be charges in these cases and to ignore it, call it an accident and grieve for the parent's guilt is incredibly disrespectful to the baby, who died a terrible painful drawn out death. This happens 48 times a year, so it's not this all encompassing trend that is happening. 48 parents were so tired, so distracted, so whatever that they forgot their children. I can promise you that there are millions of parent more tired than these 48 parents that do not forget their children. Where else would it be ok to forget you have your child with you? I don't agree with murder charges but I also don't think the feelings of guilt that the parent has to endure is enough.
I don't think anyone is saying it's okay to forget you had your child with you, but it isn't always criminal. I'm sure there are a good chunk of those 48 cases that really were criminal. I'm not saying it's never due to negligence or carelessness. But I fully believe that even the most loving, attentive parent could legitimately, through, some perfect storm of circumstances just absolutely forget that they didn't already drop off their child. I think that the belief that they deserve some other punishment beyond the mental anguish they will be faced with for the rest of their life is dangerously akin to thinking "it could never happen to me because I'm a good parent and they were bad parents". I'll bet most of those 48 parents a year would never have believed it could happen to them.
I agree with you- most of the parents interviewed in the article seemed like loving, attentive, anguished parents. That doesn't take away from the fact that they killed a child. I don't really see how you've linked me thinking that charges should be pressed to me thinking I'm a better parent. If a shitstorm bad enough happened to make me forget my child, I would deserve to face charges, as well.
If I took a call from the plumber and drove across a median and killed pedestrians I would face charges. If I fell asleep at the wheel and killed someone I would face charges. I don't feel like cases like this should be any different.
Both of those scenarios involve you intentionally engaging in known risky behaviors. Obviously, these parents were coherent enough to drive, so they weren't exhausted to the point of falling asleep at the wheel, and they were functioning at their jobs.
I'm not saying they shouldn't have charges brought against them; a lot of the elements of a crime are present. But intent or criminally reckless behavior is missing, at the end of the day.
I don't really see how you've linked me thinking that charges should be pressed to me thinking I'm a better parent. If a shitstorm bad enough happened to make me forget my child, I would deserve to face charges, as well.
I'm not sure I can really explain how the two are connected in my head, but I'll try. I guess that to me, for it to be a punishable offense, there should need to be some kind of reckless behavior involved. I don't think you could consider it reckless or even really careless if that perfect storm happened and you just plain forgot that your baby was still in the car. @Jalee85 mentioned the human brain and auto-pilot and I know it came up a bit in the article. I think we all know what it's like to forget something. It's literally just not in our mind. I feel like if you've ever forgotten to do something, even a minor something, you are capable of forgetting a major something. To say that you (the general you, not you specifically) could never forget your baby because it's just too major implies that these parents didn't value their baby as much as you value yours since they were able to just forget about them.
But that's the thing, I'm not saying I could never do it. If I did it I would expect to face charges and jail time for some sort of manslaughter charge.
But that's the thing, I'm not saying I could never do it. If I did it I would expect to face charges and jail time for some sort of manslaughter charge.
I guess I just don't see how it could be considered manslaughter unless there was some recklessness involved. I don't see recklessness in a case that is truly due to that perfect storm that caused the parent to forget they hadn't already dropped off their child.
Two nights ago, I left my keys in the door when I came in from work after a long day. My daughter ran to me at the door singing frozen songs and wanted me to spin her. I dropped my briefcase and purse, spun her around several times, started taking to my husband who had grabbed my bags and put them on the table, and headed to the kitchen to finish up dinner.
The next morning, I couldn't find my keys. I looked everywhere. I finally thought maybe I left them in my car. As I headed out the front door to check, I found my entire keychain with the house key still shoved in the front lock. We live on a busy street in the middle of town. By my momentary lapse in thought, I unknowingly jeopardized the safety of TNT entire family--all the people I love more than anything in the world all night. We had locked the door from the inside that night, not realizing that the keys were just hanging out in the lock for anyone to come in.
If, God forbid, my children had been harmed by an intruder who walked by and saw the shiny key ring in the door lock and couldn't help himself, I would never, ever be able to forgive myself. The sheer thought makes me feel like a heart attack is coming on. No amount of criminal punishment would be worse than my own internal guilt. I would have relived that moment of my daughter rushing me at the door in a full-on aria of "let it go" in my brain forever, because that caused a hiccup in my "normal" coming in the door routine. I would always be sick thinking about my husband moving my bags to the table, so I didn't see them right next to the door where I dropped them, and possibly remember when I saw the dropped bags that I hadn't finished getting the key out of the lock. I would always wonder if I could have heard the key ring jingle in the door as I flipped the lock before going to bed that night. Forever and ever.
Those who are saying that is a crime, then I should be punished--regardless of the fact that, by the grace of God, my family was not harmed through my own carelessness. My actions caused my babies to be put in harms way.
Think of all the parents and spouses on this board who have dropped their kids or allowed then to roll off a changing table or bed, just from a momentary lapse in attention. What if they had called their pediatrician to ask if the kid would be okay and a police car pulled up an hour later to arrest them for their negligence that resulted in harm to their child?
To me, the car situation is the same thing. It is horrific. It could happen to anyone. It is (most of the time) an accident. For their accidents, criminal penalties are absolutely not the answer. Unless we as a society are prepared to start charging every parent whose kid falls off a bed or who eats a vitamin or medicine in a container that was accidentally left on a table at a grandparent's house with the same crime.
I don't want to live in that society. Accidents (like me leaving the key in the door) happen all the time, even to very good parents. All we can do is try to educate ourselves to potential risks and be as vigilant as possible and hope to God that we are one of the lucky ones who never have to bear the burden of having a child be hurt or killed based on an accident that we could possibly have prevented...
I am anti-charges. Those parents A) aren't a danger to society (for that, anyway), and are being punished in the worst way possible. Why further clog our legal system to give someone a "punishment" that doesn't even come close to what they are already enduring? I think charging those parents is far more about our society's lust for "justice" (revenge) than it is about protecting society and punishing and rehabbing criminals.
This, especially the bolded. What would their rehab be, if that is still the intention of prisons?
So, today I was out and about and stopped to get some froyo. As I was getting LO out of the car, 2 cars pulled into parking spots and the moms got out and each walked into the bakery next door. 1 woman left her kid in the front seat, he looked to be around 10. The other woman left her 4 kids in her car, various ages but none older than 7. I had taken my time in the yogurt shop and when I got back to my car the car with lots of kids was still there and one of the kids had gotten into the drivers seat and rolled up the windows. It is in the 80's here today. Mom came out of the bakery a minute later and shooed the kid into the back. I wanted to inform her that what she had done was against the law but I'm too much of a wuss.
Anyway, I think carelessness was a factor here. Many things could have gone wrong, the kid sitting in the drivers seat of the running car could have put the car in gear and drove through the storefront. Someone could have taken the car. The kids could have locked themselves inside and not known how to unlock the car to let mom in. I think things like this should be taken very seriously and no kids should ever be left in cars at all. If we don't punish instances like this harshly, how can we educate everyone to the dangers of such practices? Before it gets to the most serious form, a child perishing from it. Maybe if those who have gone through it would relive their stories to other parents, it could save a child's life later? I dunno, it's all just a big mess but we have such a huge responsibility as parents.
After reading through a lot of these arguments, I started to feel like maybe I was being an as asshole in my original post, and that maybe I've just become too jaded. But then I thought about it more on my drive home, and put myself in the child's shoes - mommy or daddy isn't coming even though I'm crying and need them, being strapped into a seat, completely helpless for hours in immeasurable amounts of pain - and then I lose my shit and don't give a fuck how guilty you feel. You did that, and there should be a punishment befitting of the crime.
After reading through a lot of these arguments, I started to feel like maybe I was being an as asshole in my original post, and that maybe I've just become too jaded. But then I thought about it more on my drive home, and put myself in the child's shoes - mommy or daddy isn't coming even though I'm crying and need them, being strapped into a seat, completely helpless for hours in immeasurable amounts of pain - and then I lose my shit and don't give a fuck how guilty you feel. You did that, and there should be a punishment befitting of the crime.
This is not about you 'being an asshole' and it's not saying that those poor kids didn't die a horrific and cruel death. They did. I understand that upsets you and makes you angry. But it still doesn't make those parents criminals. Just because something was theoretically preventable does not make it a crime when it happens. It's like Sooner said. A child could fall from a changing table, a door could fail to latch and lock properly and the child could wander off, children accidentally drown every year (remember the 'dry drowning' article?) None of these things are crimes.
You are using your emotions to inflict an undeserved punishment. Law is about being rational. Your statements are not rational. This exactly why we have a judge and a jury vs lynch mobs deciding people's fate.
@RedheadBaker , yeah I know that it was a stretch but it pissed me off and I felt it was in a similar vein and I didn't want to start a separate thread so I tied it in as best I could. Sorry for the reach on that one. But I am still pissed about it and should have taken down the license plate and called it in.
I think it's a case by case thing as well. It's a horrible, horrible tragedy. I live in Phoenix, so this happens here every year. I can't imagine what these parents go through. I get sick just thinking about it.
There was a case last year here where a dad left his infant in the car so he could go smoke pot at his work. That guy should be prosecuted, and I believe he was (didn't follow the story, made me too sad).
Eta - forgot to add words.
My best friend lives near and frequented that restaurant. It was a horrible case.
After reading through a lot of these arguments, I started to feel like maybe I was being an as asshole in my original post, and that maybe I've just become too jaded. But then I thought about it more on my drive home, and put myself in the child's shoes - mommy or daddy isn't coming even though I'm crying and need them, being strapped into a seat, completely helpless for hours in immeasurable amounts of pain - and then I lose my shit and don't give a fuck how guilty you feel. You did that, and there should be a punishment befitting of the crime.
What about the mom whose son climbed into the washing machine and drowned? It happened so quickly while she was in the house. She did a routine, everyday chore that I'm sure we all do without a second thought and her kid died.
Should she go to jail too?
Where does it stop?
Married my love 8-25-12
TTC #1 September 2012. BFP 2-2-13. DS born 10-16-13.
TTC #2 in December 2014. BFP 12-31-14. Expecting a September baby!
Re: HTT
It is not illegal or punishable everywhere. In the state of North Dakota there are no laws. I could leave a toddler, as long as it's not for very long and a cool day. The cops won't do squat.
They do have suggestions though. I can't found the graphic explaining it though.
Not saying I agree, but it's not illegal everywhere.
ETA - to change wording. I saw the law says toddlers. So my example was a moot point.
--------------------------------------------------
Oh, I definitely agree. I live in North Dakota. I'm sure as our population increases, and more tragedies occur. Laws will be changed.
I agree with dknight--if it was solely an accident, these parents need compassion and counseling (and probably suicide watches). It gets so hot here in the summer--and I have that heart sinking feeling that the above poster described some mornings that our routine has been changed--not because we have ever slipped up. But just because I know now front hat article how truly easy it is to do so--and then have to live with that mistake everyday for the rest of your life...
Exactly. This is a tragedy, just like a kid getting hit by a car by darting out in the street when a parent got distracted when they were all out playing on the driveway. Could the parent have avoided it by being more careful and vigilant? yes. Could it possibly happen to all of us in the right circumstances, but for the grace of God? Yes.
I about puked, then ugly cried in my office, then left work early and ran home to my baby. I also sent it to my DH and made him read it. I think anyone who does this to their child, even accidental, should have to hear what that man heard. Even retyping this makes me cry. It is absolutely horrible.
-------------------------------------------------------------------------- (i dont know what happened to the quote tree)
Retyping it makes you cry thinking about what you heard, now imagine being that parent who is sleep deprived, trying to make ends meet, but had a change in their routine and a tragic accident happened. How do you feel having to hear the process of what your child had to endure and know it's accidentally because of you?
This is the article Sooner mentioned. https://www.washingtonpost.com/lifestyle/magazine/fatal-distraction-forgetting-a-child-in-thebackseat-of-a-car-is-a-horrifying-mistake-is-it-a-crime/2014/06/16/8ae0fe3a-f580-11e3-a3a5-42be35962a52_story.html
Someone else posted it a few weeks ago. It's really, really haunting, but I think it would change your mind.
That's the point there are millions of tired parents out there. We are all capable of making this mistake. That is why it is so terrifying.
The way our human brains are wired. It makes this kind of mistake very possible. We run out auto- pilot so much. Especially while driving.
A simple phone call or a change of routine can be a matter of life or death. Should you be punished because you plumber called while you are on your way to work?
I have really bad ADD. I have really bad lapses of memory. ALL THE TIME! Leaving my child is my biggest fear ever!
I'm not saying they shouldn't have charges brought against them; a lot of the elements of a crime are present. But intent or criminally reckless behavior is missing, at the end of the day.
The next morning, I couldn't find my keys. I looked everywhere. I finally thought maybe I left them in my car. As I headed out the front door to check, I found my entire keychain with the house key still shoved in the front lock. We live on a busy street in the middle of town. By my momentary lapse in thought, I unknowingly jeopardized the safety of TNT entire family--all the people I love more than anything in the world all night. We had locked the door from the inside that night, not realizing that the keys were just hanging out in the lock for anyone to come in.
If, God forbid, my children had been harmed by an intruder who walked by and saw the shiny key ring in the door lock and couldn't help himself, I would never, ever be able to forgive myself. The sheer thought makes me feel like a heart attack is coming on. No amount of criminal punishment would be worse than my own internal guilt. I would have relived that moment of my daughter rushing me at the door in a full-on aria of "let it go" in my brain forever, because that caused a hiccup in my "normal" coming in the door routine. I would always be sick thinking about my husband moving my bags to the table, so I didn't see them right next to the door where I dropped them, and possibly remember when I saw the dropped bags that I hadn't finished getting the key out of the lock. I would always wonder if I could have heard the key ring jingle in the door as I flipped the lock before going to bed that night. Forever and ever.
Those who are saying that is a crime, then I should be punished--regardless of the fact that, by the grace of God, my family was not harmed through my own carelessness. My actions caused my babies to be put in harms way.
Think of all the parents and spouses on this board who have dropped their kids or allowed then to roll off a changing table or bed, just from a momentary lapse in attention. What if they had called their pediatrician to ask if the kid would be okay and a police car pulled up an hour later to arrest them for their negligence that resulted in harm to their child?
To me, the car situation is the same thing. It is horrific. It could happen to anyone. It is (most of the time) an accident. For their accidents, criminal penalties are absolutely not the answer. Unless we as a society are prepared to start charging every parent whose kid falls off a bed or who eats a vitamin or medicine in a container that was accidentally left on a table at a grandparent's house with the same crime.
I don't want to live in that society. Accidents (like me leaving the key in the door) happen all the time, even to very good parents. All we can do is try to educate ourselves to potential risks and be as vigilant as possible and hope to God that we are one of the lucky ones who never have to bear the burden of having a child be hurt or killed based on an accident that we could possibly have prevented...
Anyway, I think carelessness was a factor here. Many things could have gone wrong, the kid sitting in the drivers seat of the running car could have put the car in gear and drove through the storefront. Someone could have taken the car. The kids could have locked themselves inside and not known how to unlock the car to let mom in. I think things like this should be taken very seriously and no kids should ever be left in cars at all. If we don't punish instances like this harshly, how can we educate everyone to the dangers of such practices? Before it gets to the most serious form, a child perishing from it. Maybe if those who have gone through it would relive their stories to other parents, it could save a child's life later? I dunno, it's all just a big mess but we have such a huge responsibility as parents.
This is not about you 'being an asshole' and it's not saying that those poor kids didn't die a horrific and cruel death. They did. I understand that upsets you and makes you angry. But it still doesn't make those parents criminals. Just because something was theoretically preventable does not make it a crime when it happens. It's like Sooner said. A child could fall from a changing table, a door could fail to latch and lock properly and the child could wander off, children accidentally drown every year (remember the 'dry drowning' article?) None of these things are crimes.
@ncase2
You are using your emotions to inflict an undeserved punishment. Law is about being rational. Your statements are not rational. This exactly why we have a judge and a jury vs lynch mobs deciding people's fate.