The law, dubbed "Caylee's Law by its supporters, would make it a felony for a mother to fail to report the death of a child within an hour, or fail to report a child missing within 24 hours of the child's disappearance. People who advocate for such a law are either ignorant of the Fifth Amendment's self incrimination clause, or they are deliberately ignoring it. A parent forced to report child's death or disappearance violates the parent's Fifth amendment protection against self incrimination, in that if the parent was responsible for that death or disappearance, they are effectively testifying against him/herself by providing the time of death.One might as well pass a law requiring anyone who commits murder to confess to the crime.
"We cannot require perpetrators to turn themselves in, or incriminate themselves," said Susan Rozelle, who teaches criminal law at Stetson University's College of Law. "And that's what this reporting standard could do."
Richard Lubin, a West Palm Beach criminal defense lawyer, agreed the proposal creates constitutional issues.
The law totally ignores common sense. If a parent is willing to kill a child and then lie to investigators to conceal the crime, they are willing to break this new law and fail to report the crime. What this means is that the law is not being crafted, nor is it intended, to do anything except punish the behavior of the one person to whom it does not apply.
EDITED: The bill here in Florida makes it a second degree felony to lie to a cop that is investigating any possible felony involving your child punishable by 15 years in prison.
(2) A caregiver, as defined in s. 827.01, who knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation involving a minor child in his or her care with the intent to mislead the officer or impede the investigation commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If a cop is investigating whether or not your child accessed your neighbor's WiFi (that is a felony in Florida) and tell any lie to the cops, 15 years in the slammer. Do you think the cops will NEVER stretch such a law for use in a way that was not intended?