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Radley Balko Takes on Caylee’s Law

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    Radley Balko explains why laws named after victims tend to be a bad idea

  • Duration 5:11
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Since the now infamous Casey Anthony was acquitted of murder various lawmakers have floated a proposal called K -- law.

The -- would make it a crime -- a legal guardian -- apparent failed to report the death of a child within an hour.

Or failed to report a child's unexplained absence within 24 hours.

But as a well intentioned law like this really gonna stop Caylee Anthony like tragedies.

Veteran civil liberties journalist and crime follower rather -- joins us now.

Rather it's a pleasure as always welcome back to freedom watch what what is this really is very different versions have a different states but basically what is this K -- law.

And -- of these legislate towards hoping to accomplish when it.

Well.

It's not really clear the the woman who started the online petition for Caylee is law says that.

She wants to make sure that something like this ever happens again and that Caylee Anthony's death doesn't.

Go without some storm -- -- some form of justice.

My problem with the law is that it it's it's a -- -- being passed side of sort of anger and hysteria and the desire for vengeance.

And all these things are pretty bad reasons to make public policy.

In an interview with CNN this woman -- start of the law Michelle Crowder actually said that.

Shouldn't talk to a single law enforcement officials have been talked to a you know medical -- -- talked any grief counselors.

-- -- consulting anyone before she came up with these arbitrary one hour and 24 hour deadlines.

And you know I can you it's not difficult to conceive -- scenarios -- -- parent might an innocent parent you know might not be able to meet those deadlines for one reason or another so.

It's not gonna prevent any deaths I mean apparently is his depraved enough to kill his kid.

You know isn't going to be dissuaded by a law that requires him to report the death of the -- just killed within an hour -- so this is really about vengeance and you know.

Whether you like the verdict or not you know the jury decided that the state didn't have enough evidence to make its case here and that's that's what our justice system is all about.

Don't we ever run a terrible risk down a slippery slope when we impose -- firm affirmative obligations.

On the part of people to go to the government.

Won't this lead to other statutes where you'll be prosecuted.

If you fail to report what you think someone else may have done.

Haven't we learned the lesson from east Germany where -- in those days under the sky's see we're talking about the the era.

Post World War II as many people were prosecuted for failing to report what they think happened that we're prosecuted for having actually committed the underlying.

Criminal act.

-- -- yeah and judge I mean think about you know bitter custody cases think about you know the the potential for that this law can hold those kinds of situations where you know parents will be.

Looking for opportunities to two you know.

Post criminal charges on the other parents so they can get custody of the kids.

You know there are lots of scenarios here where I mentioned a couple in the article I wrote about this for on that had to Huffington Post where.

You know imagine day at babysitters kid dies a crib death you know since baby -- has nothing to do -- it.

But you know maybe she was -- she didn't discover they can instead for a few hours because she was sleeping on the hang over you know making out with their boyfriend or whatever way you know that's bad -- -- -- in the parents would probably be very angry at her but she had nothing to do with the death but it isn't difficult to see how they might.

Try to pressure prosecutor did -- to hang a felony on on you know this baby sitter because they're they're unhappy with the way that she watched their kid.

I mean there's just a lot of potential for abuse here and I would like to think the most prosecutors wouldn't abuse us law but I guess my point is.

If the law -- -- going to prevent.

Any deaths or any harm to children why you know why give prosecutors the option.

Isn't the Casey Anthony trial.

An example of the jury system working.

The government didn't have the evidence notwithstanding the public perception.

Of her monstrosity.

We don't convict people on the basis some public perceptions.

We do so on the basis of -- hard evidence.

Fairly presented.

To a neutral jury before a professional judge under universally accepted rules of evidence and sometimes the government wins and sometimes it loses.

Yeah well I mean remember judge you know people like Nancy Grace were a 100% convinced that the -- the prop the lacrosse players were guilty as well.

We we go through the formality of a trial even when everybody certain that the person is guilty because.

We want to make sure that the government has to prove its case because it if if we if we do that every time in the government also has to prove its case.

In those instances were not so sure about the defendants' guilt so.

Yeah I mean I completely -- this was AA you know whether you like the verdict or not -- and you know.

From what I saw and I didn't followed the trial all that closely -- from what I saw you know.

-- you know it seemed to me that that there was something wrong here that you know and and maybe the verdicts.

But won't be getting gotta remember also -- -- and not guilty verdict is not a pronouncement of innocence it's a pronouncement that the government didn't meet the standard that it needed to -- to to meet to win a conviction got.

I -- -- revenue got to know -- appreciate we appreciate your joining us we appreciate your thoughts thanks very much.

Thanks for me -- -- Big Brother is getting up.

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