There's been a Murder

[sassywitch]

Well not really but I have a couple of hypothetical questions for you. Recent events all over my country have had me pondering how our justice systems would deal with different scenarios that in my mind are not completely cut and dried and I wondered how the wise and worldly on my flist would answer, so here goes

Comments

[sandelwood]

Scenario One would depend a lot on proving self defense. Which is subjective, of course, although proof of adults counseling a child to defend himself with violence rather than coming to an adult for help would place a considerable amount of fault on that adult. Involuntary manslaughter in self defense is handled with some lenience in the case of children, but I'm pretty sure the poor kid would be required to have counseling and anger management classes and be monitored by child services for further signs of dangerous behavior.

Scenario Two is considerably different though. A person who is slightly slow intellectually would be tested to see if they comprehend right and wrong, and the rape is definitely going to have a hefty charge attached, even if they plead insanity. It doesn't much matter if the girl was leading him on. It still might be ruled accidental, but this kid is much more likely to do some time in juvie (even if it's just a month or so) and have child services on him all the time than the first one.

I would rule both involuntary manslaughter, but the consequences would be different.