I believe in accidents, I really do, but I see on the news all the time someone does go to jail because of an accident.
I know 2 boys that 15 years ago were in a car.
A 1 car accident.
1 boy died.
1 boy went to jail for 5 years.
It happens.
Generally people will be criminally charged when they were reckless, or criminally negligent. That includes things like speeding, driving while drunk, leaving a loaded gun within reach of a child, forgetting a baby in a hot car while doing drugs in a motel room, etc.
The mom's actions in putting her kid onto a rail despite signs telling her not to was negligent but likely not criminally so. Add drugs or alcohol to the mix or a reckless disregard for the child's safety, like a parent allowing their kid to clamber up and angrily telling bystanders who warn of potential danger to mind their business and it would be different.
This just doesn't appear to be one of those cases.
Further, when the accident involves a parent who made a stupid and terrible Mistake, the reaction of the parent to the tragedy as well as the overall circumstances leading to the accident are taken into consideration when deciding whether to charge.
Hot car deaths illustrate this. Parents who had a negligent but atypical lapse may not be charged if they show societally appropriate grief. Those who don't, and/or those who recklessly caused the child to be left in the car (drugs or alcohol involved or history or pattern of social services involvement) will usuallybe charged.
SOciety's attitude about a case can play into decisions about whether to charge a parent as well. If the general public sentiment is that the parent is adequately punishing themselves, the parents are less likely to be charged because little would be served by doing so.
That, I believe, is the case here. Most of society feels the mom was negligent but not recklessly so and is suffering enough for her lapse.
She lost her son, people. In the most horrific way. There is nothing to suggest she was other than a devoted, doting mom. The continued drum beat by some to further punish this mother surprises me.