Good dissection of the Tennessee version of the law from the Nashville Scene:
Such slapdash legislating is no way to build a sensible legal structure, says Terry Maroney, a criminal law professor at Vanderbilt University whose areas of expertise include the role of emotion in law. She says that, while she understands the instinct behind this and similar movements, it’s not a tendency she supports.
“I think the problem with this kind of approach to criminal law is that it’s shortsighted,” she says. “It takes something about a particular case, takes it out of context, and then builds this new legal rule around it and patches it onto the pre-existing legal framework.”
Ketron didn’t respond to a request for comment. In a recent Tennessean op-ed, he summoned the public frustration to prove a point no one is arguing: When it comes to reporting a child missing, time is of the essence.
To those who doubt the prudence of “Caylee’s Law,” that’s precisely the problem: What attentive parent would intentionally wait to report their child missing? And on the flip side, would a negligent parent — or one with murderous intent — be deterred by the threat of a Class E felony?
“It’s never a good idea to build rules around the exceptions,” Maroney says. “In the vast majority of cases, parents are going to report their children missing. What upsets people about the Casey Anthony case is that she didn’t for so long, but that’s extraordinarily aberrant.”