From Washington Post / Jonathan Turley:
Compare this to the following from the same article:Them folks wrote: In the past 25 years, hundreds of children are believed to have died in the United States after faith-healing parents forbade medical attention to end their sickness or protect their lives. When minors die from a lack of parental care, it is usually a matter of criminal neglect and is often tried as murder. However, when parents say the neglect was an article of faith, courts routinely hand down lighter sentences. Faithful neglect has not been used as a criminal defense, but the claim is surprisingly effective in achieving more lenient sentencing, in which judges appear to render less unto Caesar and more unto God.
This disparate treatment was evident last month in Wisconsin, a state with an exemption for faith-based neglect under its child abuse laws. Leilani and Dale Neumann were sentenced for allowing their 11-year-old daughter, Madeline Kara Neumann, to die in 2008 from an undiagnosed but treatable form of diabetes. The Neumanns are affiliated with a faith-healing church called Unleavened Bread Ministries and continued to pray with other members while Madeline died. They could have received 25 years in prison. Instead, the court emphasized their religious rationale and gave them each six months in jail (to be served one month a year) and 10 years' probation.
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Compare the Neumanns' legal treatment with a couple of other recent cases in which children were injured or killed by nonreligious neglect. Russell J. Wozniak Jr. and Jennifer Ann Wozniak, of Chippewa Falls, Wis., received basically the same sentence as the Neumanns for, the criminal complaint said, allowing their 2-year-old to wander around covered in vomit and wearing a full diaper.
Then there are the parents of Alex Washburn. The 22-month-old died after hitting his head at home in Cross Lanes, W.Va. His parents, Elizabeth Dawn Thornton and Christopher Steven Washburn, said the boy fell a lot and hit his head on the corner of a table and his chin on a toilet. They apologized for not seeking medical help and agreed to terminate their parental rights to their other children, handing over custody to the state. "I wish I did seek medical treatment for my son faster," Washburn told the court. "That will definitely be with me for the rest of my life." The court sentenced both parents to three to 15 years in prison.
So the Neumanns got one month in jail for six years and kept custody of their children, and the Washburns got up to 15 years in prison and agreed to give up their kids.
Further info from page 2 of that article:
In Oregon, the Followers of Christ church has been cited for injuries and deaths associated with its faith-healing beliefs for decades. In one 10-year period, estimated Larry Lewman, an Oregon state medical examiner, the church experienced 25 child deaths related to faith-based medical neglect. A recent case involved Ava Worthington, a 15-month-old who fell ill in 2008. Rather than call doctors, her parents -- Carl Brent Worthington and Raylene Worthingon -- allowed a simple cyst on her neck to grow to the size of a softball as they anointed her with oil and administered small amounts of wine, according to testimony at the trial. She died of a blood infection and pneumonia.
...Despite the record of deaths and injuries at their church, the Worthingtons were allowed to keep custody of their 5-year-old daughter and a new baby that was coming in a matter of months. They needed only to promise to bring them to a doctor for scheduled checkups.
...Now another trial is pending for the family: Raylene Worthington's parents, Jeff and Marci Beagley, were charged with criminally negligent homicide in the death of their 16-year-old son, Neil Beagley. He died in 2008 from a urinary tract blockage that could have been treated with a minor surgical procedure.
For debate:Them folks wrote: The key to the use of such a defense is that it must involve belief in a divine being, not a particular lifestyle. In 2007, Jade Sanders and Lamont Thomas of Atlanta were convicted of malice murder and given life sentences for the death of their 6-week-old child. The defense attorneys cited the couple's strict vegan lifestyle to explain why they fed their newborn son a diet of soy milk and organic apple juice, though during the trial Sanders said she had also breast-fed her son, who died in an emaciated state at 6 weeks, weighing just 3 1/2 pounds. The prosecutor and court had no qualms in treating this couple's beliefs as a poor excuse for murder, calling a nutritionist and vegan expert as a witness to show that a vegan diet can be safe for an infant. The prosecutor even told the jury: "They're not vegans, they're baby-killers."
Should religious based neglect be considered as a "lesser evil" than other forms of neglect?
Should those found guilty of religious based neglect receive lesser punishment because of their religious beliefs?
