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With respect to the law professor's comments, he ignores the fact that many crimes do not require mens rea, or specific intent. There are many crimes that are only general intent crimes, the perpetrator need only have the intent to do the prohibited act, not an evil intent behind it.
I feel the discussion has minimized the individual separateness of the child. The parents, and many of the adults commenting, are imposing an adult-centric viewpoint on the situation. I think the standard of care should wholly disregard the parent's belief system, religious or otherwise. Rather a best interest of the child standard should be applied, and failure to act in the child's best interest, regardless of personal beliefs, should be punished. This would be true for denying traditional medical care, but would also be true in a hypothetical situation where homeopathic or traditional care could reasonably have been expected to improve the outcome for the child. It seems like few participants in this discussion are speaking adequately for the child.
posted 3 years, 10 months ago
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