I should go back to school for many many years. This is off topic....
I think I'm half answering my own question, but...
A person under the influence of Ambien doesn't have an intent to be unlawful and get behind the wheel. The inebriated/fugue state renders them unable to give consent for, say, sex, but doesn't give them a legal leg to stand on in a vehicular manslaughter case. But, as you point out in this case.... this is where I sort of answer my own question....that is where the different levels and kinds of charges come in. The DA in their interest of justice would *hopefully* pursue a reduced charge that takes everything into consideration. Without the checks and balances of the defense attorney, overinflated charges would stand too easily.
So, I think the moral of my story is I hope that they are afforded a righteous defense that puts them behind bars for as long as possible. No less than 29 years if I had my druthers. Ninety five has a nice ring to it though.
As far as society in general goes, and maintaining our American principles per te US constitution, it is imperative that everyone accused of a
crome be afforded a zealous defense.
But when I look at their ugly mugs and the innocent faces of their long suffering kids, I don't care. I'm less interested in American principles of due process and more interested in revenge. Not too logical, I know.
In any event, I went through their charges and any significant time will hinge on whether the torture charges stick.
Abuse of a dependent adult = up to four years state prison (as charged).
Child abuse/neglect = 1-6 years as charged.
False imprisonment = 16 months to 3 years as charged.
Torture = up to life imprisonment.
We absolutely need to the torture charge to stick. Otherwise, I do not see justice coming close to occurring.
So for that we need that the motive is extrotion, persuasion or sadistic pleasure.
Putting pies out of their reach but where they can see them would be a great way to prove sadistic pleasure. That's evidence. Even without clear statements indicating they were taunting them. Anything, like "Don't you dare touch this pie." Should be enough, IMO.
My wavering and worry comes from the cultural, historical sentiment that children are our property and we can do with them what we want.
There is also a historical, cultural attitude that harsh discipline of children is necessary.
Read the comments' sections of any article that has anythin remotely to do with kids committing crimes, talking back, being rude, or anything to do with any crimes and you will see countless comments about how "If that was me I wouldn't be alive to tell the tale." "When I was a kid I would have feared my parent more than the teacher" (who abused the child in the article in some way).
"We need to bring back corporal punishment. These people weren't disciplined as children. That's what caused them to kill. My parents used thebelt on me and I turned out fine."
Over and over you see these comments.
Put the two together and I'm worried a jury would find an excuse to give these people less time.
But the national outrage over this case gives me hope. Like even for those who believe kids should be harshly punished, this went over the line. I hope so.
They destroyed the lives of these kids. Some will never recover or reach the potential they could have due to intense isolation, abuse, control, etc.
To me justice would be spending the rest of their lives in prison.