Woman Awaits Sentencing for Starving Son to Death
The right to choose and participate in a religion is a right that many Americans hold near and dear to their hearts. For the most part, many Americans participate in their religion of choice as frequently and passionately as they want without risking any sort of criminal or other type of penalty for doing so. Occasionally, however, the way a person chooses to practice his or her religion does pose some criminal law issues. Sometimes, as in the case that will be discussed in today’s blog, religious practices can lead to serious criminal charges.
A Maryland mother is awaiting sentencing after pleading guilty in the starvation death of her one year-old son. The mother was reportedly ordered to starve the boy after the leader of the cult, the very regally-named Queen Antoinette, noticed that the boy did not say “Amen” during a mealtime prayer. The mother complied and the boy eventually died of starvation. After the boy died, the cult leader told them to pray for his resurrection. The cult-leader, her daughter, and another man involved were reportedly convicted of second degree murder.
The mother pleaded guilty to child abuse resulting in the death of her son. She did, however, manage to carve out the caveat that if her son was resurrected she would be entitled to withdraw the plea. Assuming her son does not rise from the dead in the meantime, she will be sentenced next Wednesday but is not likely to be facing more jail time.
In situations like this, the court system has to balance the fact that the mother may be legitimately practicing her chosen religion with the fact that such practice resulted in the death of her child. Tennessee has a statute that contemplates that very principle in a more limited scope. That statute is T.C.A. §39-15-402 which provides that:
Nothing in this part shall be construed to mean a child is abused, neglected, or endangered, or abused, neglected or endangered in an aggravated manner, for the sole reason the child is being provided treatment by spiritual means through prayer alone, in accordance with the tenets or practices of a recognized church or religious denomination by a duly accredited practitioner of the recognized church or religious denomination, in lieu of medical or surgical treatment.
This provision thus provides that a person will not be charged under the child abuse framework if he or she was acting within the scope of the beliefs of a “recognized church or religious denomination” in lieu of seeking medical treatment. Since the lady above was not seeking medical treatment, but rather punishing the child, it is likely that she would not be protected by this caveat had the situation occurred in Tennessee. However, this situation, like many such situations presents tough questions of how far a person’s right to practice a religion extends and to what extent it supersedes or gives way to criminal law. Persons facing such questions would be wise to consult an experienced criminal defense attorney in Tennessee who can inform them of their rights and work to achieve a fair resolution to their case.
Source: http://gazettetimes.com/news/national/article_5958c8da-b5fc-53b7-8856-58254816d1a4.html
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