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Culture War Roundup for the week of April 8, 2024

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There's some legal messiness about the standard of causation, but in an environment with any serious level of social trust, the Crumbley's would fall fast into the sphere where no one looks that closely at it, even had they just fallen down the stairs. Even gunnies whose literal jobs involve poking at the law agree with the moral question for this specific case. I'd be interested to know how consistently parents of teenagers who drive drunk are held criminally responsible, but I dunno that the data is really available in meaningful detail, and guns are different enough, and it'd still be a good arg in favor of tightening up the law then.

Part of that fall-through-cracks is because Michigan's statutes were pretty wonky: conviction for improper storage of firearm w/ a minor would have been far more clear-cut, but they didn't really clearly exist in 2021.

The court of appeals did, in fact try to spell this one out as good-for-this-ride-or-worse-only:

Finally, we share defendants’ concern about the potential for this decision to be applied in the future to parents whose situation viz-a-viz their child’s intentional conduct is not as closely tied together, and/or the warning signs and evidence were not as substantial as they are here. But those concerns are significantly diminished by several well-established principles. First, the principle that grossly negligent or intentional acts are generally superseding causes remains intact. We simply hold that with these unique facts, and in this procedural posture and applicable standard of review, this case falls outside the general rule regarding intentional acts because EC’s acts were reasonably foreseeable, and that is the ultimate test that must be applied.13 Second, our decision is based solely on the record evidence, and the actions and inactions taken by defendants despite the uniquely troubling facts of which they were fully aware. And this point is important, as although the judiciary typically recognizes that a decision’s precedent is limited by the facts at issue, it is particularly true when the court expresses that limitation.

The trouble's that there's not much social trust. The Crumbley's are going to prison for a decade because their kid had a hallucinations and intrusive thoughts that the parents blew off, and that's extremely bad. What if he'd just written a lot about depression, and they'd ignored that? If he'd had the same problems, but not gotten sent to the principal's office the same day? He was a 15-year-old they allowed to have effective control of a handgun, would that change if he was over 18? 21? 25? They didn't lock (or 'locked' with 0-0-0) firearms. If they used a cheap 20-USD trigger lock that doesn't actually work, would that have broken the chain of causation?

These are problems for any serious statute with where the caselaw involves a ton of phrases like 'reasonably foreseeable', but most serious statutes don't have a sizable lobby pushing for (and often getting!) laws enforcing blanket criminal consqeuences in related context. The parade-of-horribles where someone is criminally liable because 'obviously' the seller knew this guy shouldn't have a gun, he shot people is an implicit goal for the Brady Bunch. I'll give Rov_Scam props for stating outright "a number of requirements that seem onerous but that's the point", but that only makes Rov honest; it doesn't help with the general problem.