1st degree murder is based on premeditation and heavy prosecutory burden. The courts probably didn't have any "beyond a reasonable doubt" proof. At least this way she pays.
But it's not *about* recidivism. It's about her murdering her three children. And yes, she is guilty. He was found guilty, she was with him the whole time, neither of them tried to get the kids OUT of the car. Tell me *what* mother would willingly let her kids drown without making an effort to save them? Neither of them was wet when the rescue teams arrived--they simply put the car in gear and drowned the kids to death. Whether or not she put the car in gear or not is irrelevant. She stood by and let it happen. And THAT is why she should have been found guilty of murder and should spend the rest of her life locked up or at the bottom of a lake herself.
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And given her motive, recidivism isn't a problem if they do let her go.
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