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American Morning

Faith's Failing

Aired September 18, 2002 - 09:10   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


BILL HEMMER, CNN ANCHOR: In the state of Tennessee this morning, funeral services will be held for 15-year-old Jessica Crank. She died on Sunday from a rare form of bone cancer. Authorities say Jessica's mother ignored medical advice, turning instead to religion and prayer in hopes of helping to heal her daughter. The mother, along with the head of the religious group, New Life Ministries, now facing child abuse charges.
Our legal analyst, Jeffrey Toobin, here to help sort this one out.

Good morning to you.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Bill.

HEMMER: In a general sense, how common is this spiritual healing in given parts of the country?

TOOBIN: It has been going on for a long time. These cases can come up often. The big change actually was in 1974. In 1974, Congress passed a law at the instigation of the Christian Science Church, which, is, you know, a very well established church that tends not to believe in traditional medical practices.

They said that every state, Congress said that every state had to pass a law that established a spiritual treatment exception to child abuse laws. You had to have an exception, and that law led to 50 states passing it. Interesting, Congress rescinded that nine years later.

HEMMER: So it's off the books now.

TOOBIN: It's off the books, but a lot of states still have laws, including Tennessee.

HEMMER: Then Tennessee says you can go ahead and do it, you will be protected, or not?

TOOBIN: Unless you put the life of the child in danger. That's where things start to get dicey, that this spiritual treatment tends to be allowable for more minor illnesses, but when the child's life is in danger, then they can still be prosecuted for child abuse.

HEMMER: It's a fascinating case. It indeed it goes to court, there are some medical expert already weighing in the fact that believe that this 15-year-old girl would have died anyway, whether or not she sought treatment at home, in her church or in a hospital then. Is that a good argument there?

TOOBIN: It's a very good argument for the defense. The real tough cases for the defense in cases are -- and there have been cases where children die of bee stings, they die of pneumonia, they die of diabetes. There's a horrible case where a kid choked on a banana peel, and people gathered around to pray instead of doing the Heimlich maneuver. Those were the cases where the defense really has a tough time. Here, where you have a very serious kind of cancer, where it does seem likely that this poor kid would have died anyway, it's probably a good argument for the defense, a tough case for the prosecution.

HEMMER: I have some read comments from you. And you say, ultimately, there is a question there as to where you draw the line. Where do you draw the line in terms of care or where you draw the line in terms of law?

TOOBIN: And in terms of privacy. We really view the parent- child relationship as sacred, and we don't want the state to interfere.

But there is a famous Supreme Court case in 1944, where the courts said, you know, adults are free to make martyrs of yourselves, but you can't make martyrs of your children. You can't kill your children in the name of your own religious beliefs. That's -- it's a very tough line to draw. This one because the disease is so serious, it's probably better for the defense than most.

HEMMER: Better than the prosecution. The prosecution, you believe, might have a tough time.

TOOBIN: They will have a tough time.

Interesting, in a lot of these cases, even when there are prosecutions, and there are more and more, there tend to be very light sentences, because these parents, with all their strange beliefs, they do love their kids, and they are suffering with the death as well.

HEMMER: We have seen many legal cases take on a national flavor and attention. Is this one?

TOOBIN: It's possible. I think so. These cases have come up. There was a Massachusetts case that got a lot of attention. I think it might.

Here, unfortunately where the child has already died, I think there is unlikely to be more continuing attention. Often, you have a situation where the child is ill and no attempt is made to get medical aid. That's the kind that really draws people's attention.

HEMMER: Funeral later today, in Knoxville, Tennessee.

Thank you, Jeffrey. See you soon.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com





Aired September 18, 2002 - 09:10   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: In the state of Tennessee this morning, funeral services will be held for 15-year-old Jessica Crank. She died on Sunday from a rare form of bone cancer. Authorities say Jessica's mother ignored medical advice, turning instead to religion and prayer in hopes of helping to heal her daughter. The mother, along with the head of the religious group, New Life Ministries, now facing child abuse charges.
Our legal analyst, Jeffrey Toobin, here to help sort this one out.

Good morning to you.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Bill.

HEMMER: In a general sense, how common is this spiritual healing in given parts of the country?

TOOBIN: It has been going on for a long time. These cases can come up often. The big change actually was in 1974. In 1974, Congress passed a law at the instigation of the Christian Science Church, which, is, you know, a very well established church that tends not to believe in traditional medical practices.

They said that every state, Congress said that every state had to pass a law that established a spiritual treatment exception to child abuse laws. You had to have an exception, and that law led to 50 states passing it. Interesting, Congress rescinded that nine years later.

HEMMER: So it's off the books now.

TOOBIN: It's off the books, but a lot of states still have laws, including Tennessee.

HEMMER: Then Tennessee says you can go ahead and do it, you will be protected, or not?

TOOBIN: Unless you put the life of the child in danger. That's where things start to get dicey, that this spiritual treatment tends to be allowable for more minor illnesses, but when the child's life is in danger, then they can still be prosecuted for child abuse.

HEMMER: It's a fascinating case. It indeed it goes to court, there are some medical expert already weighing in the fact that believe that this 15-year-old girl would have died anyway, whether or not she sought treatment at home, in her church or in a hospital then. Is that a good argument there?

TOOBIN: It's a very good argument for the defense. The real tough cases for the defense in cases are -- and there have been cases where children die of bee stings, they die of pneumonia, they die of diabetes. There's a horrible case where a kid choked on a banana peel, and people gathered around to pray instead of doing the Heimlich maneuver. Those were the cases where the defense really has a tough time. Here, where you have a very serious kind of cancer, where it does seem likely that this poor kid would have died anyway, it's probably a good argument for the defense, a tough case for the prosecution.

HEMMER: I have some read comments from you. And you say, ultimately, there is a question there as to where you draw the line. Where do you draw the line in terms of care or where you draw the line in terms of law?

TOOBIN: And in terms of privacy. We really view the parent- child relationship as sacred, and we don't want the state to interfere.

But there is a famous Supreme Court case in 1944, where the courts said, you know, adults are free to make martyrs of yourselves, but you can't make martyrs of your children. You can't kill your children in the name of your own religious beliefs. That's -- it's a very tough line to draw. This one because the disease is so serious, it's probably better for the defense than most.

HEMMER: Better than the prosecution. The prosecution, you believe, might have a tough time.

TOOBIN: They will have a tough time.

Interesting, in a lot of these cases, even when there are prosecutions, and there are more and more, there tend to be very light sentences, because these parents, with all their strange beliefs, they do love their kids, and they are suffering with the death as well.

HEMMER: We have seen many legal cases take on a national flavor and attention. Is this one?

TOOBIN: It's possible. I think so. These cases have come up. There was a Massachusetts case that got a lot of attention. I think it might.

Here, unfortunately where the child has already died, I think there is unlikely to be more continuing attention. Often, you have a situation where the child is ill and no attempt is made to get medical aid. That's the kind that really draws people's attention.

HEMMER: Funeral later today, in Knoxville, Tennessee.

Thank you, Jeffrey. See you soon.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com