I have a short story due and i want it to be accurate. I was wondering if they could be prosecuted if they had a teenager that killed some classmates. Maybe they neglected the obvious warnings or something, but i didn't know if the court would actually be able to prosecute and i was wondering if anyone could clear that up.
2007-11-07 05:19:27 · 8 answers · asked by shlegminitism 1 in Politics & Government ➔ Law & Ethics
I would think that might vary from state to state. Try calling your local Legal Aid Society and see if they will answer your question.
2007-11-07 05:24:02 · answer #1 · answered by baeb47 5 · 0⤊ 1⤋
The answer is "it depends". Many States have laws making parents "civilly" liable for their childrens torts, but criminal liability is a tougher nut.
To be convicted of a crime, someone has to commit a "bad act". That act can, under certain VERY unusual circumstances be a failure to do something, but it's difficult. Basically, the only theory under which your killers parents could be criminally prosecuted would be criminal negligence. For a criminal negligence conviction, the State would need to prove that the parents could not have failed to know that their kid was an unreasonable danger to others, and that they failed to take any action regardless.
I've never heard of such a case succeeding. I have heard of parents being criminally convicted for allowing their kids access to alcohol or drugs which resulted in the death of a third party.
Richard
2007-11-07 05:32:53 · answer #2 · answered by rickinnocal 7 · 0⤊ 1⤋
Check your state's laws. In Texas a child under the age of 9 will not be prosecuted for any crime EVER, the parents can be charged though. A teenager, however, I doubt that parents in any state can be held criminally responsible. If anything the teen would be likely to be charged as an adult.
2007-11-07 05:29:22 · answer #3 · answered by ? 3 · 0⤊ 1⤋
In some cases yes, If the child got the gun from them and it was stolen, or unlicensed. It seems unlikely they would be charged with the murder. Maybe an accessory if they knew about it and tried to cover it up.
2007-11-07 05:28:36 · answer #4 · answered by Emily E 6 · 0⤊ 1⤋
Look at your states case law on the doctrine of parental immunity.
See below:
Here is one case from MN.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wa&vol=2006_app/554735MAJ&invol=4
2007-11-07 05:34:12 · answer #5 · answered by KarenL 6 · 0⤊ 1⤋
I know you can be prosecuted for the actions of your animals.
2007-11-07 05:27:14 · answer #6 · answered by Small Victories 4 · 0⤊ 1⤋
It depends. In civil proceedings, they are responsible for damages caused by their children. Murder is another story.
2007-11-07 05:30:00 · answer #7 · answered by merrybodner 6 · 0⤊ 1⤋
If they are under age with certain circumstances then yes they could be .
2007-11-07 05:28:02 · answer #8 · answered by cocoamoe 5 · 0⤊ 1⤋