Autumn's Law: A Real Law Or Just A Name?

In 2012, 12-year-old Autumn Pasquale was strangled to death by her 15-year-old neighbour, Justin Robinson. In the wake of this tragedy, Autumn's father, Anthony Pasquale, has been advocating for a law that would hold parents criminally responsible for murders committed by their minor children if they knew or should have known of their propensity towards violence. This proposed legislation, known as Autumn's Law, seeks to address cases where parents neglect, abuse, abandon, or ignore warning signs indicating their child's propensity towards violence. While the petition for Autumn's Law has gained significant support, it has not become a law as of yet, and it is unclear if it will be passed.

Autumn Pasquale was strangled by her neighbour, Justin Robinson, in 2012

In October 2012, 12-year-old Autumn Pasquale was strangled by her 15-year-old neighbour, Justin Robinson. Autumn, a straight-A student and a tomboy, was lured to Robinson's house with the promise of having new rims installed on her BMX bike.

On the day of her death, Autumn had posted on Facebook about needing someone to install new rims on her bike, to which Robinson offered to help. The two messaged for about two hours on Facebook. The following day, Autumn biked half a mile from her home to Robinson's street. Robinson knew that his mother and stepfather would not be home that afternoon, and that his mother had a strict rule against girls being in the house when his parents were away.

In the basement of his house, Robinson asked Autumn for the $10 she had promised him for installing the rims. She told him that she didn't have the money with her. Robinson then told her that she couldn't have her bike back unless she gave him the money. Autumn refused to leave without her bike and began hitting him. In response, Robinson put his hands around her neck and strangled her until she went limp.

After killing Autumn, Robinson hid her body in a recycling container in front of a vacant home. Less than 72 hours after Autumn was last seen, police arrested Robinson and his 17-year-old brother, Dante. Prosecutors alleged that the brothers had planned to steal parts from Autumn's bike. However, Robinson denied this, claiming that Autumn's death was not planned and that he didn't kill her for her bike.

Robinson pleaded guilty to aggravated manslaughter and was sentenced to 17 years in prison. He expressed remorse for his actions and asked for forgiveness from Autumn's family. Dante pleaded guilty to fourth-degree obstruction and was jailed for 11 months.

Her father, Anthony Pasquale, is advocating for a law that holds parents criminally responsible for their minor children's murders

In 2012, 12-year-old Autumn Pasquale was strangled to death by her 15-year-old neighbour, Justin Robinson. In the aftermath of the tragedy, Autumn's father, Anthony Pasquale, has been advocating for a law that holds parents criminally responsible for their minor children's murders.

Pasquale believes that had Robinson, who had been diagnosed with mental and emotional challenges, been more closely supervised by his parents, Autumn would still be alive today. He asserts that Robinson's parents, Anita Saunders and Alonzo Robinson, knew their son was getting into trouble and did nothing to prevent him from committing the crime.

Anthony Pasquale has been campaigning for "Autumn's Law", which holds that:

> "Parents/guardians who neglect, abuse, abandon or ignore the warning signs of their children’s propensity toward violence are direct contributors to their minor children’s murders."

The law would make parents criminally responsible for murders committed by their minor children when they knew or should have known about their child's propensity for violence. The petition for Autumn's Law has gained significant support, with over 15,000 signatures on Change.org. However, it has not yet been sponsored in the New Jersey Legislature.

While there may be some public support for such a law, especially in the wake of tragic school shootings, the legal system has not favoured this approach. Family law professor Naomi Cahn states that "unless you can show that a parent forced or encouraged the child to commit the crime, courts don't blame parents." Additionally, critics argue that implementing Autumn's Law would have adverse effects on society, promoting a "sheltered culture" and failing to address the multitude of factors that contribute to a person's actions beyond parenting styles and awareness of warning signs.

The petition for 'Autumn's Law' needs 20,000 signatures to be delivered to the New Jersey Governor and State Senate

In 2012, 12-year-old Autumn Pasquale was strangled by her 15-year-old neighbour, Justin Robinson. Autumn's father, Anthony Pasquale, believes that Justin's parents should be held accountable for their son's actions, as he believes that Justin's mental and emotional challenges were ignored, and that this neglect led to Autumn's murder.

Anthony Pasquale has since taken his cause to Change.org and the New Jersey Legislature and is advocating for "Autumn's Law", which would make parents "criminally responsible for murders committed by their minor children, when they know or should have known the propensity toward violence existed". The petition will be delivered to the New Jersey Governor and State Senate when 20,000 signatures are collected. As of 2014, the petition was lacking 8,117 signatures.

The law would make parents criminally responsible for murders committed by their minor children if they knew or should have known of their child's propensity toward violence

In 2012, 12-year-old Autumn Pasquale was strangled by her 15-year-old neighbour, Justin Robinson. Autumn's father, Anthony Pasquale, believes that if Robinson had been more closely supervised by his parents, Autumn would still be alive. This belief has led Pasquale to advocate for a law that would make parents "criminally responsible for murders committed by their minor children, when they know or should have known the propensity toward violence existed".

The proposed law, dubbed "Autumn's Law", has gained some popular support, but it does not align with the current legal approach. While parents are obligated to care for their children, tort law does not mandate that they control their children's every action. According to family law professor Naomi Cahn, "unless you can show that a parent forced or encouraged the child to commit the crime, courts don't blame parents".

Parental responsibility laws are designed to hold parents legally accountable for the actions of their minor children. These laws are based on the belief that parents have a legal and moral obligation to ensure their children do not engage in behaviour harmful to society. However, the extent and nature of this liability vary significantly across jurisdictions.

In most cases, parents can be found civilly liable for the actions of their children, which can include being held financially responsible for restitution to the victims. Criminal liability for parents is less common and typically requires proof of direct involvement or gross negligence in preventing the child's criminal activities.

The case of the Crumbleys, the parents of 15-year-old Ethan Crumbley, who was accused of killing four classmates at Oxford High School in Oakland County, Michigan, is an example of a rare instance where parents of a school shooter were charged with involuntary manslaughter. The prosecution argued that the Crumbleys' behaviour was "egregious", as they bought their son the handgun used in the shooting and later took him to target practice.

While the prosecution's case appeared compelling, the defence had strong counterarguments, including the lack of a law in Michigan requiring the gun to be properly stored away from juveniles. As of the time of the article, the Crumbleys had pleaded not guilty to the charges.

The Provenzinos, residents of St. Clair Shores, MI, were another example of parents being tried and convicted under a parental accountability ordinance. Their son, Alex, exhibited delinquent behaviour, including burglary, drinking alcohol, and using and selling marijuana. Despite being aware of his issues, the Provenzinos supported his release from juvenile custody. They were convicted of violating the ordinance and fined, bringing national attention to the trend of enacting parental responsibility laws.

While the idea of holding parents responsible for their children's actions has gained support, particularly in the wake of tragic events like school shootings, it is not without criticism. Some argue that it could lead to a culture of "helicopter parenting", where minors are not allowed to make harmless mistakes, and that it could disproportionately impact parents who cannot financially support their children's extra medical services. Additionally, legal scholars have raised concerns about the vagueness of such laws and their potential violation of the established privacy right in child-rearing.

While there is some popular support, the law does not currently favour this approach

While Autumn's Law has gained some traction and support from the public, it is yet to be passed as a law. The proposed legislation, named after 12-year-old Autumn Pasquale who was strangled by her 15-year-old neighbour, Justin Robinson, in 2012, aims to hold parents criminally responsible for murders committed by their minor children if they knew or should have known of their propensity towards violence.

Autumn's father, Anthony Pasquale, has been advocating for this law, stating that had Justin Robinson been more closely supervised by his parents, Autumn would still be alive today. The petition for Autumn's Law is being delivered to the New Jersey Governor and the New Jersey State Senate and currently has over 15,000 signatures.

However, despite the tragic circumstances and the public support, the law does not currently favour this approach. According to family law professor Naomi Cahn, "unless you can show that a parent forced or encouraged the child to commit the crime, courts don't blame parents." Tort law also does not mandate that parents control their children's every action, only that they provide care for them.

Furthermore, critics argue that passing Autumn's Law could have adverse effects on society as a whole. While it is understandable that parents may want to hold someone accountable for their child's actions, it is essential that individuals take responsibility for their own actions. Encouraging parents to monitor their children's every move could create an overly sheltered culture and place blame on parents, especially those who cannot afford extra supervision or medical services for their children.

In recent years, there has been an increase in civil cases filed against the parents of children who have committed crimes, and these cases have often resulted in settlement agreements. This trend suggests that there is a societal desire to hold parents liable for their children's actions, but it does not necessarily indicate a change in the law.

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