Just to clarify the info in the article that is somewhat misleading ...
The story indicates common consumable products; lemon juice, vinegar, salt and a sports drink. And it is true to say that these would be "non toxic" in general consumption. However, even common products consumed in certain ways can be toxic, even lethal. Even water (yes, good ol' H20) can be toxic if consumed in too great a quantity. You can actually DIE if you consume too much water in a short amount of time! The same is true of some things like vitamins and minerals.
The reality is that the child was hospitalized due to complications from that concoction she made and he consumed.
Most states have fairly clear laws that are predicated on a few things regarding arrest and prosecution:
- motive
- intent
- opportunity
- success of act or at least attempt of the act
- some description of victimization effect
So, did she have motive? Yes.
Intent? Clearly so.
Opportunity? Yup.
Success in the attempt? Yeah, surely did.
Was the victim affected in a negative manner? Hospitalization certainly counts as a big yes here.
Like it or not, arrest wasn't the wrong thing to do here. It fits all the criteria. Further, what would have happened if the police had NOT arrested her? There'd still be outcry, just in the opposite manner. This is because the public likes to be "shocked and appalled" at whatever happens, regardless of where the story lands. Darned if ya do; Darned if ya don't ... If the cops/prosecutors do nothing, they get blamed for inaction. If they take action, people still like to complain. There is no pleasing the public. So the reality is that the "law" is fulfilled, even if the public isn't happy about it.
And the criminal aspect doesn't even address the civil causes (lawsuit sure to follow in this case).