There has been a social media firestorm with one side rightly outraged, and the other side defending her, suggesting she should get a free pass simply because she's a mother and a human entitled to make mistakes. Her supporters say she doesn't deserve to be charged with a misdemeanor as she's most certainly "learned her lesson."
With that logic, if someone hits your car causing an accident that results in death, her defenders believe a simple apology will suffice packaged with, "I learned my lesson and will never do that again."
Balderdash, I say, balderdash.
On that particular day, Cherish didn't live up to her name. The Gilbert police are allegedly charging her with one count of a Class 1 Misdemeanor for child endangerment. In my opinion, that's appropriate. In fact, it's a rather innocuous charge given the circumstances. She's lucky no one stole her baby in those 40 minutes, or that her baby didn't die from being outside in scorching 100 degree Arizona heat.
"A person having custody of a minor under sixteen years of age who knowingly causes or permits the life of such minor to be endangered, its health to be injured or its moral welfare to be imperiled, by neglect, abuse or immoral associations, is guilty of a class 1 misdemeanor."
Ariz. Rev. Stat. §§ 13-707 -- maximum sentence = six months in jail
Ariz. Rev. Stat. §§ 13-802 -- maximum fine = $2,500
Access the Arizona Revised Statutes by clicking here.
Why do her defenders feel she shouldn't be held accountable just because it was unintentional? Negligence is failing to take proper care in doing something. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm. It's a failure to exercise care that a reasonably prudent person would exercise in like circumstances.
If a doctor accidentally left a surgical tool inside you during a surgery, it's not as if she did that intentionally. But the surgeon would still be held accountable for negligence. Or what if you fell asleep with a lit candle and forgot to extinguish the flame, the curtains caught fire, and your house went up in smoke possibly killing your family? One would hope the horrific outcome of your negligence wasn't intentional.
And so it goes with Cherish Peterson. To not have ensured she had all children safely and securely in the car before driving away was irresponsible and unquestionably negligent. She endangered her child's welfare through neglect, hence the misdemeanor. Class dismissed.
Ariz. Rev. Stat. §§ 13-707 -- maximum sentence = six months in jail
Ariz. Rev. Stat. §§ 13-802 -- maximum fine = $2,500
Access the Arizona Revised Statutes by clicking here.
Why do her defenders feel she shouldn't be held accountable just because it was unintentional? Negligence is failing to take proper care in doing something. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm. It's a failure to exercise care that a reasonably prudent person would exercise in like circumstances.
If a doctor accidentally left a surgical tool inside you during a surgery, it's not as if she did that intentionally. But the surgeon would still be held accountable for negligence. Or what if you fell asleep with a lit candle and forgot to extinguish the flame, the curtains caught fire, and your house went up in smoke possibly killing your family? One would hope the horrific outcome of your negligence wasn't intentional.
And so it goes with Cherish Peterson. To not have ensured she had all children safely and securely in the car before driving away was irresponsible and unquestionably negligent. She endangered her child's welfare through neglect, hence the misdemeanor. Class dismissed.
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