Thursday, 05 July 2012
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Michigan To Have The Country’s Toughest Child Abuse Penalties
Guest Post from Elizabeth at www.rockabyeparents.com
Just over two years ago Michigan saw one of it’s worst cases of child abuse. A 4-year-old boy named Dominick Calhoun, who had accidently wet his pants, was beaten and tortured by his mother’s boyfriend for four days until his little body couldn’t take anymore and shut down.
While he was suffering from the hands of one who should have been caring for him (I won’t get into the horrific details) no one came to his rescue. Even as he begged his mother to help no one came to his aide. His own mother was too concerned about outstanding warrants and pot plants to help her baby. Nothing was discovered until his aunt came over to buy some drugs. When she realized what was happening she called Dominick’s grandfather (Rick Calhoun) who rushed over, but he was too late to help his beloved grandson.
Even though Rick Calhoun knew that he couldn’t bring Dominick back he made a promise to Dominick that his death wouldn’t be in vain. That was how Dominick’s Law was created, and now the State of Michigan is about to sign it into law. It will give Michigan the highest levels of punishment for child abusers in the country. The Calhoun family feels that had this law already been in existence then Dominick would still be with them. They aren’t looking into the past now though, but instead are looking forward. They believe that all of their hard work lobbying for the new law will help save other children and that if it saves just one child than it will have been worth it.
Excerpts of the Law
Dominick’s Law will amend a previous child abuse law.
- Rather than a prison sentence of no more than 15 years, one convicted of first-degree child abuse faces life or any term of years, but not less than 10 years.
- Rather than a sentence of not more than four years, one convicted of child abuse in the second degree would be sentenced to not less than two years or more than 10 years. For a second or subsequent offense, the sentence would be not less than four years or more than 20 years.
- A person who commits child abuse in the presence of a child other than the child who is the victim of the violation is guilty of a felony punishable by imprisonment for life or any term of years, but not less than five years. If one is convicted a second or subsequent time, the sentence would be imprisonment for life or any term of years, but not less than 10 years.
For more information on the story of Dominick Calhoun and the new child abuse law you can watch the news report here http://www.myfoxdetroit.com/video?clipId=7371586&autostart=true. A word of caution it can be emotionally hard to watch.
Do you think this law is tough enough? Too tough? Will it help protect children?
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Comments (27)
Does Michigan consider spanking to be child abuse?
Good point. Child abuse should be a crime, but what conduct is criminal?
I've never heard of Michigan viewing spanking as child abuse.
"The Calhoun family feels that had this law already been in existence then Dominick would still be with them."
Somehow I think that is untrue.
@AngelAsh_86@xanga - Most states consider physical abuse anything that leaves marks or scars. There's a difference between spanking and just whaling on the kid. So I don't think it's considered abuse in that case.
I grew up in Detroit and had a lot of friends who were physically abused and there was a case shortly before I moved where a man beat his baby to death and dumped her body by a telephone pole a block away from where I lived. If I recall, he claimed the child died from natural causes and tried to get the charge dropped to a lower one where he wouldn't have to serve as much time for child abuse.
I don't think this law is too tough by any means. There are some sick people out there and they need to face the consequences of their actions. Hell, in Louisiana, rape of a child under the age of 13 is ppunishable by the death penalty.
@HerCarelessWhispers@xanga - Suddenly I have become much fonder of Lousisiana. In my view, if someone can so severely hurt a child for pleasure, that person will never change and execution is the only appropriate response.
@HerCarelessWhispers@xanga - not anymore. SCOTUS struck down that law as unconstitutional. In order to be eligible for the death penalty according to SCOTUS, someone has to die during the crime in question.
@ProudToBeAChristianFruitcake@xanga - Just read it. Sorry for the misinformation!
But in my opinion...it still is murder. They're killing a part of you that can never be returned. I know it's off topic, but it's just my feelings.
I live in Michigan and have not heard of this....
I am, however, in favor of the death penalty for anyone who severely hurts a child. Period.
Maybe I can get that law here in Michigan.... pfft.
@HerCarelessWhispers@xanga - Oh I completely understand. I worked at a children's home for abused kids. of the 6 kids there, that were 12 years of age and younger. 100% of them were there due to child molestation. Abuse whether it is physical or sexual, or emotional, takes a toll on anybody. For children, it shatters innocence and some never recover, either becoming abusers themselves, or falling into love with abusers and getting abused all over again. I had no problem with LA coming up with the law. I think OK had one as well, or were considering one at the time.
the kind of conduct that is criminal is NOT spanking. we're talking physical, emotional, and sexual abuse/torture here.
Good. I will never support the death penalty, but sentences for crimes like this definitely need to be a lot longer than they are at the moment.
@HerCarelessWhispers@xanga - I agree, I don't think this law is too tough either. The reason I asked is because I'm pro-spanking (I was spanked growing up), but I know people who think spanking is abuse.
Oh, it's not going to make a future difference. People with no moral compass, and anger issues like that, will always act out on the most vulnerable. We had one similar here in Idaho, where the mother hid the boy in the closet when health and welfare came over, didn't do their job appropriately, let the kid out for the step father to beat yet again, until he died.
This all looks good on paper, yeah, I'm completely and utterly against child abuse, and this is a sick and horrible case, but let's face it also: it is minority.
These laws are only going to get innocent people in deep trouble. The story is sad and unpreventable, and I do kind of want anyone who abuses a child to rot in prison, but this the law we're talking about, and truth be told on a normal day it isn't ever fair or right.
I also believe it is wrong to write a law based on the high emotion felt when hearing about cases like this. It is a knee-jerk reaction that can have un-thought out consequence and legal repercussion.
Def. a good law
Thank you for this post. As I have two children of my own, hearing of child abuse makes my skin crawl. Because of this post I would like to become a supporter to help STOP child abuse!
i just read the dominik story it was horrible people who hurt any child shoul die.
There was a heinous child abuse case here in Utah a few years ago. Four year old Ethan Stacy was staying with his biological mother and step father, and after only 9 days, he was dead. His step father did horrific things to that sweet little boy (things I will not go into detail about), and his mother did absolutely nothing to stop the abuse because she was "afraid" of what would happen if she did. Once Ethan passed, his step father smashed his face with a hammer in hopes of disfiguring the boy so he couldn't be identified. Both parents then reported the boy missing before coming clean to authorities and taking them to the place where they buried the boy's body in a shallow grave.
This case caused so much rage and anger, sadness and despair, and it seemed like everyone was hoping the "monsters" would "fry" for what they did to such an innocent and precious child. I will admit that while watching news reports about Ethan's case and hearing about what a happy boy he was, I was so upset that I hoped his mother and step father would get the death penalty. I couldn't see any reason for the two of them, especially the mother (how can anyone stand by and let someone hurt their little baby like that?), to continue living while Ethan's life was taken from him in such a heinous and cruel way. I think it's easy for us to wish the worst on someone for hurting a child because we get so upset over it, and want them to pay for what they did. I do not feel a law with specific terms should determine a sentence for a child abuser. I think the details of the crime and the background of the person who committed the abuse should determine what consequence is delivered.
I don't think this new law will protect children. People don't think before they act. If they did, the jails wouldn't be so full, right? Also, people think they're not going to get caught.... This being said, I can understand why Dominick's family is wanting things to change. They lost someone so dear, and since nothing can bring him back, trying to make it harder for people to get away with heinous crimes like this is the only way they can feel better about what happened.
Can't answer that, it depends on what the offense must be too.
I remember tan-mom for example, I believe she was charged with second degree child abuse (?). If I remember that right, and it's the same in Michigan, I'd find it too harsh to send her to prison for 2 years minimum. Just an example. It was naive as hell but not agressive, chances are she won't do it again, and it's unlikely that it's in the interest of children to have a parent sent to prison for 2 years for a mistake like that.
What I think is there are 'minor' offenses, that should make the the offender -especially when it's the parents- learn from their mistakes (e.g. by going to workshops/therapy) but should not necessarily be punished very harshly, in the interest of the whole families.
Generally I think minimum times are great for stronger and 'obvious' offenses, because it doesn't give people the chance to get away with it, or the impression they could.
@sarahsmurfette@xanga - there's a problem with that. We had a case in England where a fourteen year old raped a four year old he was babysitting for - he got a three year community order, is still living at home and in September, he'll be attending the same school as the brother of the little girl he raped. That's what the judge decided was "appropriate".
The problem is.... scumbags are reproducing. When horrific people have children, they impose their cruelty upon them. I think if you have repeated violations and crimes you need to be steralized- man or woman. Society does not need people who cant get their crap together. Instead we live in a society where the rights of scumbags are more important than protecting children from acts of sodomy,rape, torture, human trafficking, and murder.
I'm sure a bunch of people reading this or those who know these type of stories can all agree its horrible and wrong. However not many people will agree to take extreme measures to stop it. And if you ask me, 100 years from now when future generations look at us they will say we didnt care enough to stop it. We have the means, we have the technology, and no one will have drawn the line in the sand and say,"Today this bullshit stops. If you are a colossal waste of human life you shouldnt have children. Or if you commit acts of sodomy, rape, torture, human trafficking and murder of children then you need to die or get off the planet."
And if you find that shocking or too cruel then you are an enabler of evil assholes.
@under_the_carpet@xanga - I agree with that.
I don't think "Tan-mum" should have been charged with second degree child-abuse. You're right when you say that some people should be educated. Maybe a second, less harsh sentence if the child abuse was done out of stupidity.
Sometimes kids need to be hit though.