Justified killing or murder?

[Ali]

Depends on what?

Did the parent see the kid fall and hit his head/nearly snap his neck? If yes and if they knew nothing of first aid, then I would call picking the kid up negligent. There are a multitude of such factors, which are very time-consuming to list without a properly constructed (or a real) scenario.

If they knew nothing of first aid, it's likely they didn't know you shouldn't move someone with a possible head/neck injury.   

I guess I just don't understand what point all of this prosecution of parents trying to care and protect their children is supposed to play.  It seems so pointless; it won't change the human instinct to rush to your child's aid, and frankly in most cases that instinct is a good and useful thing. It may cause a negative situation when your child has a neck injury, or cause trouble for their rapist ( ) but in general it's a good thing.

[Sandra Craft]

Indeed. Deserving, but... is still deserving.

And human nature is still human nature.  It can be worthy of punishment, no argument there, but it's still going to happen.

[Asmodean]

I guess I just don't understand what point all of this prosecution of parents trying to care and protect their children is supposed to play.

When that caring and protection results to injuries to a third party, that should be pretty obvious. When it results to injuries to the kid or the parent due to neglect, reckless endangerment and the like... Well, that too is pretty obvious, I think.

It may cause a negative situation when your child has a neck injury

It may cause a whole mess of bad situations in case of MVCs, (near-)drownings and other unpleasantness too.

[Firebird]

I guess I just don't understand what point all of this prosecution of parents trying to care and protect their children is supposed to play.

When that caring and protection results to injuries to a third party, that should be pretty obvious. When it results to injuries to the kid or the parent due to neglect, reckless endangerment and the like... Well, that too is pretty obvious, I think.

It may cause a negative situation when your child has a neck injury

It may cause a whole mess of bad situations in case of MVCs, (near-)drownings and other unpleasantness too.

I don't agree with this. A person should be criminally prosecuted because their actions illustrate that they are a potential danger to society. If a parent accidentally snaps a child's neck while trying to protect them, that is a horrible accident. Does that illustrate a danger to society? How does prosecuting help anyone besides adding to the horrible guilt and pain the parent is already suffering? The person intended to do good and it went horribly wrong. It does not mean they're going to go around doing that to other people's children too.

[Asmodean]

I don't agree with this. A person should be criminally prosecuted because their actions illustrate that they are a potential danger to society.

If the accident and/or untold misery in its aftermath were the result of negligent or reckless behaviour on the part of the accused, then why NOT convict?

If a parent accidentally snaps a child's neck while trying to protect them, that is a horrible accident. Does that illustrate a danger to society? How does prosecuting help anyone besides adding to the horrible guilt and pain the parent is already suffering? The person intended to do good and it went horribly wrong. It does not mean they're going to go around doing that to other people's children too.

...And yet if I intend to do good by getting my hypothetical pregnant girlfriend to the hospital and run over a kindergarten class out for some air, I can kiss my license (And most probably my only marginally limited freedom of movement) goodbye for a long time and rightly so.

By not prosecuting cases where negligence or ignorance turn otherwise good deeds into disasters, the society is sending a message that as long as you have your intentions in the right place, the means don't really matter, nor do the ends. It is not a message I, for one, am too happy to recieve.

[Stevil]

I don't agree with this. A person should be criminally prosecuted because their actions illustrate that they are a potential danger to society. If a parent accidentally snaps a child's neck while trying to protect them, that is a horrible accident. Does that illustrate a danger to society? How does prosecuting help anyone besides adding to the horrible guilt and pain the parent is already suffering? The person intended to do good and it went horribly wrong. It does not mean they're going to go around doing that to other people's children too.

They would have learnt their lesson, and wouldn't make that mistake twice.
The  parent needs money and liberty to look after the kid now, what value is there in government taking away money or liberty from the parent, this would be counterproductive for the child.