Chauntera Napier didn't know she could go to jail for helping her son get a tattoo. A lot of others in the free world didn't know that either.
Her 10-year-old, Gaquan, asked for the tattoo to honor his brother who died in a car wreck. But a school employee saw the artwork on his arm and contacted authorities.
Napier spent a night in jail, charged with "cruelty and being a party to a crime," according to several sources. Acworth police chief told the news he had no choice but to arrest Ms. Napier.
But whatever harm could come to Gaquan from a tattoo, could it possibly be worse than having his mother thrown in jail for giving him his wish? The action seems especially harsh, considering that the University of Georgia State Law Review suggested years ago that Georgia follow 46 other states in adopting an alternative arrest process for non-traffic misdemeanors.
Tell Georgia to use some common sense! Drop the charges against this mother.
We, the undersigned, feel that Georgia should employ compassion and common sense in carrying out its laws.
We understand that some children can be harmed by tattoos and that laws are meant to keep some parents from forcing this procedure on young children. However, it would not be common knowledge to many that it would be criminal for a parent to allow a 10-year-old, at his request, to have a tattoo, especially one such as this one, calling for his brother, Malik, to "rest in peace."
Especially given the circumstances of this specific case, it seems law enforcement should have used better discretion regarding jailing the mother.
As the University of Georgia Law Review explained in 2005, 46 other states, at that time, had adopted what is known as a discretionary alternative arrest process that "A number of national police organizations as well as organizations responsible for setting criminal justice standards throughout the United States have endorsed..." The article suggests that, in a case like Ms. Napier's, an arrest would be unnecessary.
https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=22+Ga.+St.+U.L.+Rev.+313&key=4c4777315f45028400d7271adfb747f0
We believe that the punishment of Ms. Napier, especially under the circumstances, is cruel and unusual and that the charges against her should be dropped.
Thank you for your consideration of this request.
