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Ethan Crumbley Parents Found Guilty of Manslaughter
Ethan Crumbley is a school shooter who killed four people. This does not make him unique. What makes him unique is that his parents have been found guilty of manslaughter for it. https://www.cnn.com/2024/03/16/us/james-jennifer-crumbley-trials-differences/index.html
The legal theory is that the parents were extraordinarily negligent- and, TBH, at least the mom seems to have been a shitty parent who ignored her son's obvious mental illness- and provided a firearm to their son despite clear evidence he was at least a potential danger to others. I don't think this legal theory is particularly novel even if it's rarely used; when I took my CHL class in much more firearms-friendly Texas I was told that if I provided a minor with a handgun, I could be held liable should they kill someone with it. But on to some article quotes:
So his father was convicted under the idea that he had a positive responsibility to store firearms in a way inaccessible to a mentally ill teenaged boy. I'm not an expert on Michigan law, but I'm pretty sure that the letter of the law says something along those lines in most states, and it would be very difficult to argue that he doesn't have a moral responsibility. But maybe he was a responsible gun owner who took measures to keep his troubled son away from household guns that a reasonable person would expect to be sufficient:
Nevermind. While I'm leery of the precedent this sets for obvious reasons, I have no trouble acknowledging that James Crumbley deserves to go to prison and, were I a juror, I'd probably have voted to convict. On to the mom's case.
This does not paint a picture of good parenting. Furthermore,
IANAL, but Jennifer Crumbley's legal defense strategy sounds sufficiently suboptimal that she seems to just have generally very bad judgement, maybe the mental illness runs in the family. That being said, I'm a lot less comfortable with the legal logic here- being a generally shitty parent who has bad judgement and neglects her son's mental health problem isn't illegal. I'm comfortable calling her a shitty parent and saying she should be called out for it but it kinda seems like a novel legal theory of the sort that's generally bad.
Personally I doubt this case will be widely replicated; the Crumbleys seem to have had much-more-damning-than-average facts. But let's go to the general principle; parents sometimes being held responsible when their minor child kills someone doesn't seem terribly controversial, no doubt had they left out a gun and their five year old killed someone using it to play cowboys and indians this would be a rare scenario but not a case that grabbed much attention. And it doesn't seem controversial either that Ethan Crumbley was sufficiently crazy to be less than 100% responsible for his actions. On the other hand, parents of teen murderers getting tried for manslaughter is definitely abnormal; teen murderers almost certainly suffer from distinctly below average parenting, too, although I would expect that in the median case that's due to a single mother's weird work schedule or poverty rather than a wealthy woman neglecting her kid. I think the difference is that these parents had, at least materially, the ability to do better. His mom obviously knew her son was showing signs of being crazy but preferred horses, extramarital affairs, and booze, his dad had a gun safe but didn't store the murder weapon in it(and when I was a teen with my own guns they were required to be stored in my dad's gun safe, which seems like the reasonable policy for your teen owning guns). This wasn't a single mom working a shift that made it hard to pay much attention to her kid, which is a lot closer to the family scenario for most minor criminals and for most mass shooters.
This is a miscarriage of justice in my opinion. If Ethan Crumbley had run over 4 people with the family car, would the parents have been prosecuted for leaving the keys on the counter? The parents didn't shoot anybody. A school shooting is not a reasonably foreseeable outcome of storing unsecured weapons in the house. Its hard to say that the Crumbley parents didn't do anything wrong, but its a stretch to say that they caused the death of those 4 people, in a way that they should be feloniously liable for.
The case is that their son was foreseeably going to hurt somebody or at least be highly irresponsible with guns. And I think that’s been proved well enough at least for the probably existing statute on liability for storing firearms within the access of a minor to kick in.
Maybe. We don't have that counterfactual available to us, but I don't think it would be crazy to say that parents bare some degree of responsibility for providing their homicidally deranged child easy access to effective murder weapons, whether those are vehicles or firearms. I would hope for proportional approaches to the degree of ease, efficacy, and likely use as a weapon for a given implement. Firearms are probably the single most effective tool readily available for targeted violence. Cars are actually pretty high on the list as well and I think it's generally very bad that we treat vehicular fatalities with less seriousness than other negligent homicides. When we get down to something like knives, there is no plausible path to parents preventing their homicidally deranged child from acquiring a kitchen knife, but it's also unlikely that they'll succeed in killing four people on a rampage with said knife.
I would also want proportion to the amount of non-violent usefulness for the item, and the amount of necessity for the item in society. No one needs a firearm to get along in society. Yes, it may have usefulness in a law-abiding way, but even the closest thing to a necessity for firearms in society in self-defense -- which involves, inherently, violence. It may be justified violence, but it is violence. Someone who shoots a carjacker is doing the same thing an armed carjacker-gone-wrong does -- using a firearm against a person. And there is no necessity in the 21st century to hunt for food, and certainly no necessity to hunt or shoot for sport.
A car, however -- using a car to run someone over is incorrectly using a car. No one for a lawful or legitimate purpose runs over a person with a car. There is no sense in which a car is supposed to be used to run someone over. There are no sports in which people get run over by cars. There is no such thing as driving through a crash test barrier made of clay for sport. A car, used properly, is not a weapon, it's a means of transport. Firearms are weapons.
And you also kind of need a car to get along in society -- especially in places where public transportation does not exist or is woefully inadequate. It makes a lot more sense to give your depressed teen (with a drivers' license, of course!) access to the family car than to give them a gun. After all, if they can't use the car to go visit their friends, or go to their after-school job, what they'll be doing is moping around the house. And that just sounds like more depression.
Perhaps he could have used the gun at a firing range to let off some stress. But if I were the parents, and actually paid attention to the kid, I wouldn't let him do that without supervision. And I wouldn't even do that, personally. The parents made an active choice to put a weapon in the hands of their depressed, angry son, unsupervised. That's not bad parenting, that's ludicriously harmful parenting. I would even say negligent.
All that being said, it's interesting to me that owning a firearm is a right, but driving a car is a privilege -- yet the former is optional and the latter, for many people, a necessity.
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