Felonious Intent

diary of a mad law professor

By Patricia J. Williams

This article appeared in the June 12, 2006 edition of The Nation.

May 25, 2006

Eight-year-old Amber Sadiq was killed in Brooklyn a few days ago, when an empty school bus rolled through an intersection and pinned her to a street lamp. The bus was unattended while the driver went to lunch, leaving the doors unlocked. An 8-year-old boy had boarded the bus and released the emergency brake. He jumped off again when it started rolling. "He wanted to drive the bus," according to a police detective. "The bus started to move. He got scared. He saw a crossing guard jumping up and down. The bus stopped after hitting a pole." City medical examiners ruled Amber's death an accident. According to the New York Times, "Industry experts said buses are intended to be driven to and from their yards, not parked on city streets." Furthermore, the Times reports, "to avoid stress on transmission systems, many buses must be left in neutral."

Nevertheless, the boy has been taken into custody by the Department of Juvenile Justice and charged with negligent homicide. A judge has ordered a psychiatric evaluation. "The conduct he engaged in constitutes the basis of a criminal act," declared the prosecutor.

I generally don't comment on cases before all the evidence has been presented in a trial, but if there was ever a time to make an exception, this would seem to be it. Indeed, Amber's father has decried the charge, saying "he is a baby himself," and that "the question is why the vehicle was not more secure." It will be interesting to see whether this case really proceeds much further in the courts--the prosecution has discretion to dismiss. One must hope they will reconsider, given a day or two of deep breathing.

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About Patricia J. Williams

Patricia J. Williams, a professor of law at Columbia University and a member of the State Bar of California, writes The Nation column "Diary of a Mad Law Professor." Her books include The Rooster's Egg (1995), Seeing a Color-Blind Future: The Paradox of Race (1997) and, most recently, Open House: On Family Food, Friends, Piano Lessons and The Search for a Room of My Own (Farrar Straus and Giroux, 2004.) more...
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