Quote (IceMage @ Sep 6 2024 05:09pm)
Fully responsible doesn't mean solely responsible. The dad bought his 14 year old son an AR-15, after the FBI visited the house to investigate the son's threats about shooting up his school. The son proceeded to shoot up his school.
Could be that the second-hand murder charges are typical overcharging by a DA but the idea that the dad would not face any legal consequences is kind of silly.
If the child is fully responsible for his actions than you can't hold someone else accountable for them. His father didn't buy a gun with instruction or coordination to commit a shooting, there was no element of intent, no mens rea. They aren't alleging that in the indictment. So any of the normal legal standard for an accomplice or murder by hire or gang hit is all out the window. Its an argument that his father 'should have known' that his son was a risk and that the mere action of buying a legal firearm constituted felony cruelty to children because of the 'foreseeable' threat his son would pose to classmates. The premise
isn't that the father did anything purposefully negligent or wrong in the moment of buying that gun beyond having a gun near his child that he should have presciently known would commit a later crime. It would be different if we were talking about wanton negligence, of someone institutionalized for violence, or encouraging him to violently confront classmates or covering up violent criminal acts that could have warned of this. Instead we're just talking about criminal charges for
owning a gun.
That's the legal argument here, and it stinks. For every 1 case where a kid would go on to commit a mass shooting after vague signs of behavioral problems and being picked on at school, there's 10000 more where he won't. If the father is responsible for the actions of his child, so is the school district for letting him into class, so is the sheriff for giving him a pass. And if the father is responsible for the kid's actions then the kid isn't fully responsible for his own actions.
Its not like this is some wild legal conundrum or smoke screen kicked up by a defense. Its a very easy knot to unravel and has never existed in the law until the dumb Michigan precedent. Its answered by either treating someone as responsible for their own purposeful and malicious planned actions (ding ding) or by diffusing the responsibility onto every institution and authority figure around them (dumb dumb).