Murder by omission: Child abuse and the passive parent

Under most stares' criminal laws, a parent who causes the death of his chil d through abuse or neglect can be charged with murder: However, few states have laws that allow for murder charges to be brought against the non-abusi ng parent. In this Article, the authors propose a model statute that holds the passive parent as liable as the parent who actually causes the child's death. The authors also argue against the passive parent's use of Battered Woman's Syndrome as a defense, suggesting that both parents bear the respon sibility for protecting their child's welfare.