Abby Sunderland Missing

[Toad_Passenger]

That's what I was wondering - who pays for the search & rescue in a case like this.

In my mind my 1st thought is well they person shouldn't be out in the middle of nowhere in the first place - so leave them. But then of course I think logically about it & think someone should hurry & get there.

CRAZY that its 40 hours to get to her! I can't imagine what her wait would feel like knowing it would take them that long to get to her. Ya know?

It is crazy when you think about it. I'm an Ocean-loving guy, and feel very comfortable out at sea, but some nights you do get a little leery thinking about how open and vast it really is!

 

[DisneyBamaFan]

For all those who seem to care so much about Abby and want the parents prosecute for this, suppose they are sent to jail. What happens to Abby then? Ooops!!! But I'm sure you're looking out for her best interests.

I agree that there would be other consequences, but jail time is highly unlikely. I think that the $2k fine listed as one of the criminal penalties in CA would be far more likely if they were prosecuted.

 

[CaliforniaDreamin]

My only criticism of California, though, would be, why wait until now to file against the family? Why not threaten them before the trip, forcing them to cancel or go under the CPS microscope? She's been out there for awhile now, filing now would make their system look inept.

If they really had a problem with this, and it was truly neglect in their eyes, than they should have been charged within the first week she left. The fact that they did not do that, leads me to believe they won't be doing anything now, either. But then again California is a mystery wrapped in an enigma, so who knows?

You make an excellent point. Any lawyer would tear this "case" to shreds because no one from the state (that I am aware of) tried to put the kibosh on this before she left.
I love your quote about California being a mystery wrapped in an enigma. I worked in payroll for a corp with locations in every state. California was always the most complicated to handle. No one in my dept particularly cared for that state from a payroll standpoint! The laws are so strict and in depth. It could be a nightmare.

 

[teskak]

There is still a risk that her yacht will overturn in the heavy seas. If that happened, the Federal Government would order an aerial rescue, which would cost millions of dollars.

The Qantas plane spotted Abby about 4pm with the crew managing a brief conversation where they checked on her health and organised for her to set off two more EPIRBS this afternoon to ensure a continuous signal to allow searchers to track her.

so far the cost is $200k

 

[Aisling]

For all those who seem to care so much about Abby and want the parents prosecute for this, suppose they are sent to jail. What happens to Abby then? Ooops!!! But I'm sure you're looking out for her best interests.

Parents get sent to jail all the time when they commit crimes. You can't keep someone out of jail because of the kids. Then half the criminals would be free.

That said, I don't want her parents in jail. I want this to be a lesson for other parents who have BIG dreams for their kids that are outside the realm of rationality and thoughtful consideration.

 

[Dismagic1]

Bottomline is the parents weren't prosecuted when Abby's brother did it, and they won't be prosecuted now, nor should they be. They did nothing except encourage their experienced daughter to pursue a lifelong dream.

 

[CaliforniaDreamin]

What about the cases of child emancipation that we hear about? How does all of that fit into those statutes?

I think that once a child has been legally emancipated from their parents, the parents have zero responsibility for anything the child does. It's the court recognizing the child as being able to make all decisions (within the law) without parental consent. I think. But I don't know much about it.

 

[DisneyBamaFan]

Bottomline is the parents weren't prosecuted when Abby's brother did it, and they won't be prosecuted now, nor should they be. They did nothing except encourage their experienced daughter to pursue a lifelong dream.

I agree, but you are presenting your point of view as fact. If the state of CA decides (for some reason) to prosecute them, they will almost certainly be found guilty (based on the state's criminal child neglect laws).

 

[Dismagic1]

I agree, but you are presenting your point of view as fact. If the state of CA decides (for some reason) to prosecute them, they will almost certainly be found guilty (based on the state's criminal child neglect laws).

good luck finding 12 rational people to find them guilty

 

[Aisling]

Bottomline is the parents weren't prosecuted when Abby's brother did it, and they won't be prosecuted now, nor should they be. They did nothing except encourage their experienced daughter to pursue a lifelong dream.

It's great that they encourage their child's dreams, but do you think there should be limits?

I don't know anything about the parents, but do you think it's possible they overlooked the danger in favor of helping their child become a sailing superstar? Is it worth it?

 

[Dismagic1]

It's great that they encourage their child's dreams, but do you think there should be limits?

I don't know anything about the parents, but do you think it's possible they overlooked the danger in favor of helping their child become a sailing superstar? Is it worth it?

I'm sure they weighed the pros/cons and felt the pros outweighed based on their own daughter's abilities.

 

[Aisling]

good luck finding 12 rational people to find them guilty

To constitute depraved indifference, the defendant's conduct must be 'so wanton, so deficient in a moral sense of concern, so lacking in regard for the life or lives of others, and so blameworthy as to warrant the same criminal liability as that which the law imposes upon a person who intentionally causes a crime. Depraved indifference focuses on the risk created by the defendant’s conduct, not the injuries actually resulting.


Again, not saying I want them in jail, but this sounds like a case of depraved indifference to me, mainly because she was alone. The parents may have been all into the glory of their child accomplishing this that they didn't care about it being winter seas there, that she had the wrong type of boat, and that she already had mechanical problems on the boat early in her journey.

 

[DisneyBamaFan]

good luck finding 12 rational people to find them guilty

So, people who disagree with us are irrational?

 

[Aisling]

I'm sure they weighed the pros/cons and felt the pros outweighed based on their own daughter's abilities.

That's the thing. None of us knows how they weighed the pros and cons. The cons seemed to be stacked against her, and they went ahead with it anyway. Who knows.

 

[Dismagic1]

To constitute depraved indifference, the defendant's conduct must be 'so wanton, so deficient in a moral sense of concern, so lacking in regard for the life or lives of others, and so blameworthy as to warrant the same criminal liability as that which the law imposes upon a person who intentionally causes a crime. Depraved indifference focuses on the risk created by the defendant’s conduct, not the injuries actually resulting.


Again, not saying I want them in jail, but this sounds like a case of depraved indifference to me, mainly because she was alone. The parents may have been all into the glory of their child accomplishing this that they didn't care about it being winter seas there, that she had the wrong type of boat, and that she already had mechanical problems on the boat early in her journey.

Hmm I don't see their actions coming close to meeting that definition.

 

[Dismagic1]

So, people who disagree with us are irrational?

Yes.

 

[DisneyBamaFan]

That's the thing. None of us knows how they weighed the pros and cons. The cons seemed to be stacked against her, and they went ahead with it anyway. Who knows.

I wonder, how many of this type of adventure ends in ruin? Is it really as dangerous as we think? I mean, for us it would be, but for a trained and experienced sailor - even one only 16 years old? I just don't know.

 

[DisneyBamaFan]

Yes.

I will tell that to my wife...

 

[Dismagic1]

That's the thing. None of us knows how they weighed the pros and cons. The cons seemed to be stacked against her, and they went ahead with it anyway. Who knows.

The thing is we don't need to know, not our daughter. I'm sure some parents would have done things differently, good for them. This particular family went a different direction.

 

[Dismagic1]

I will tell that to my wife...

Goodluck with that