For some reason whenever I have a passenger in my vehicle, I drive way more defensively than when I'm driving myself.
I feel that since I'm the driver I'm responsible for the safety of the persons who are passengers and have no control over the vehicle.
I never tell my passengers about these feelings but I feel compelled to act more carefully when others are in my car.
This probably doesn't directly relate to this case but I find the links about how people can easily forget that they have a child in their car when compared to my feelings whenever I drive with someone in my car very interesting.
I can appreciate (and share) this observation, even though I don't think it conflicts with the concepts about forgetting.
The forgetting, IMO, is related to well-entrenched habits. And the added details about babies -- in particular their tendency to fall asleep in moving vehicles, thus leaving them quiet as well as small and typically out of view in the rear seat.
Someone mentioned earlier in the thread that stay-at-home parents rarely have this happen to them. My guess is that when they go somewhere, their well-entrenched habit is to open the back seat to get the baby, after parking for shopping, let's say.
I would be willing to bet that such parents have a reverse scenario kind of forgetting happen to them sometimes -- on a [presumably rare] occasion when they are out without the baby (who is, let's say, home with the other parent or a grandparent, etc) -- I'd bet it happens that the parent opens the rear door *in habit* only to discover no baby and then remember their other arrangements.
It's when we do something habitual, but we're supposed to remember that something is different this time, that we are vulnerable to this kind of forgetting, IMO.
When a parent usually arrives at work with no baby (either because they don't usually have the baby or because the baby has usually been dropped off earlier), their entrenched habit is to be in work mode, leaving the car without checking rear seats etc. I bet it rarely happens at home, because arriving home would presumably include baby a good portion of the time. Plus once home there is an expectation to see/interact with baby, whereas while at work one could go for hours focusing on work issues and not expecting to see/interact with home life such as baby or pets.
So you being on extra safety alert while driving with a passenger, one big enough to sit in the front seat with you, on occasion, doesn't really seem like a reasonable comparison to me. IMO
You are responsible for your child. You and you alone. If that child cannot depend on you for their well being, they cannot depend on anyone. You brought them into this world. They cannot care for themselves. If you ignore or forget them and they die then you are responsible for their death. There are consequences to you being responsible for another human's death no matter how crushed and sorry you are or how unintentional it was.
We are responsible for our child *to a standard of reasonableness.*
Human beings are not infallible and the law can not and IMO does not require parents to be perfect.
The intent of the parent matters.
If you prepare food for your child and something in your meal poisons your child, wouldn't/shouldn't it matter whether you did it intentionally (obviously criminal) or not (IMO not criminal)?
If a parent takes their child to a baseball game where they are injured/killed from a foul ball, do you think that parent should be criminally prosecuted?
How about if parents make their home in earthquake/ tornado/ hurricane/ flood country and one of those events injures or kills a child?
Life is not without risks. Parents protect their kids to a standard of reasonableness. There are a million shades of gray IMO in the definition of "acceptable" risk vs culpable neglect, but the bottom line is that good people with no bad intent sometimes make mistakes, even ones that have horrible consequences. There is no legislating around that and IMO no reason to punish such situations with legal consequences.
IMO MOO