And likewise with the absurdist legal arguments shared in other high profile cases like the Kim Potter trial-
if you accept the legal charge that the father committed murder in the second degree in the commission of felony cruelty to children in the act of owning a gun his son could access, whether it was locked or given- it means you need to support the charge of attempted murder / felony cruelty to children existing in that moment
before anyone knew he'd go on to shoot up a school. That is to say, any random citizen of the united states, legally purchasing a firearm while in a household that has a child who once posted an angry message on discord, is now committing a felony. Doesn't matter if their kid goes on a Columbine spree, the very action of owning a gun your child could theoretically access for a theoretical future shooting is enough to make
you bear responsibility for futurecrime.
The jury in the Kim Potter trial was told how to sustain the charge against her, the very action of attempting to use a taser on a dangerous murder suspect attempting to flee in a vehicle that could drag police officers, was itself felony assault and potter would need to be locked up even if she hadn't accidentally drawn her firearm instead. The contrived legal argument that doing her job in a sensible manner by the book with proportional force, was a felony regardless of outcomes. And in that case, she was convicted by the lynch mob, no judge would risk his own ass to intercede despite the clear insanity of the charges. That's what happens when mobs and public furor drive the legal system instead of dispassionate logic, criminal justice or rehabilitation. The question isn't of proportionality or outcomes or serving the public good, it doesn't matter how much money we're pouring into the springfield bear patrol and having kids do bear attack drills. Its about a mob demanding public sacrifice.
Quote (IceMage @ Sep 6 2024 05:38pm)
I'm confused by the bold. Are you saying that if they were not charging the kid as an adult, the charges on the father would be warranted?
it would be a coherent legal argument even if a wrong one. You can't have it both ways, but you can choose one way or the other.
If it was a 5 year old shooting a classmate in kindergarten, we'd say its very clearly the responsibility of the parent and the toddler couldn't possibly form the criminal responsibility on his own.
This post was edited by Goomshill on Sep 6 2024 04:43pm