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Mother of Michigan School Shooter Ethan Crumbley Found Guilty of Manslaughter Login/Join 
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quote:
What if your boy Sam starts thinking he's Suzie, and we have schools full of psychologists that not only encourage that behavior, but will also not share that information with you.

^^^^^^^^^^^^^^^^^^^^^
Wow. So Missouri is now like California? You must be watching CNN.
 
Posts: 17478 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
Mistake Not...
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quote:
Originally posted by nhracecraft:
quote:
Originally posted by jljones:
[QUOTE]Originally posted by nhracecraft:


/QUOTE]
Please do elaborate then...


So I am a Washington attorney so please take this with a grain of salt, but this is, i believe, what the state needs proved:

M Crim JI 16.13 Involuntary Manslaughter-Failure to Perform Legal Duty

(1)​The defendant is charged with the crime of involuntary manslaughter resulting from a failure to perform a legal duty. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2)​First, that the defendant had a legal duty to [name deceased]. The legal duty charged here is [state legal duty]. [A legal duty is one imposed by law or contract.]

(3)​Second, that the defendant knew of the facts that gave rise to the duty.

(4)​Third, that the defendant willfully neglected or refused to perform that duty and [his / her] failure to perform it was grossly negligent to human life.

(5)​Fourth, that the death of [name deceased] was directly caused by defendant’s failure to perform this duty, that is, that [name deceased] died as a result of [state act or omission causing death].


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Posts: 2058 | Location: T-town in the 253 | Registered: January 16, 2013Reply With QuoteReport This Post
safe & sound
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quote:
You must be watching CNN


I'm attending our board meetings, and watching those in surrounding districts. Most people have no idea what's going on in these schools.


I was watching a report on this particular incident and I actually agree with what the school did in theory, although they botched it in practice. The school counselor believed that the shooter was suicidal not homicidal. When mom refused to immediately take him to a professional, the counselor believed sending him home to be alone would be a bad idea. Figuring that they could prevent him from hurting himself if he was in school the counselor elected to send him back to class.

Where they made a huge mistake was not searching his belongings. Didn't matter if they were sending him home or keeping him at school. If they had enough to suspect he was going to hurt himself he should have been searched immediately.


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Posts: 15837 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
Mistake Not...
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This is taken from Here which is website for the Michigan Model jury instructions from the Michigan Supreme Court.

Please bear in mind that I don't know what instructions were actually given but this is my best guess based on the situation. There are a lot of ways to Michigan list "to convict" a person of this crime.


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Mistake not my current state of joshing gentle peevishness for the awesome and terrible majesty of the towering seas of ire that are themselves the milquetoast shallows fringing my vast oceans of wrath.

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Posts: 2058 | Location: T-town in the 253 | Registered: January 16, 2013Reply With QuoteReport This Post
Shall Not Be Infringed
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quote:
Originally posted by Loswsmith:
So I am a Washington attorney so please take this with a grain of salt, but this is, i believe, what the state needs proved:

M Crim JI 16.13 Involuntary Manslaughter-Failure to Perform Legal Duty

(1)​The defendant is charged with the crime of involuntary manslaughter resulting from a failure to perform a legal duty. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2)​First, that the defendant had a legal duty to [name deceased]. The legal duty charged here is [state legal duty]. [A legal duty is one imposed by law or contract.]

(3)​Second, that the defendant knew of the facts that gave rise to the duty.

(4)​Third, that the defendant willfully neglected or refused to perform that duty and [his / her] failure to perform it was grossly negligent to human life.

(5)​Fourth, that the death of [name deceased] was directly caused by defendant’s failure to perform this duty, that is, that [name deceased] died as a result of [state act or omission causing death].

THAT is helpful info! Is that how she was charged? If so, at least the 'charge' in this circumstance makes sense, but I'd have my doubts on how they'd prove 'Beyond a Reasonable Doubt' on the second & third elements (items 3 & 4). Just my opinion...IANAL

That said, unfortunately many haven't been using Michigan Law to define Involuntary Manslaughter, and admittedly, it world seem that make it hard to find, but references to laws other than those of Michigan (including any references to US law), serve little purpose in this discussion.


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Posts: 9411 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
Sigforum K9 handler
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quote:
Originally posted by nhracecraft:
quote:
Originally posted by jljones:
quote:
Originally posted by nhracecraft:
'Involuntary Manslaughter' IS the crime of killing someone, NOT enabling it! Involuntary Manslaughter occurs when an 'individual' kills another person without intent, or unintentionally.

That isn’t close to correct.

Please do elaborate then...

Most of what's easily found re: Involuntary Manslaughter under Michigan Law refers to the Penal Code and is specific to the penalty, not the definition of the crime. I did find this regarding 'Michigan Model Jury Instructions' in cases where the defendant is charged w/ Involuntary Manslaughter:

M Crim JI 16.10 Involuntary Manslaughter

(1)​[The defendant is charged with the crime of _______________________/ You may also consider the lesser charge of] involuntary manslaughter. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2)​First, that the defendant caused the death of [name deceased], that is, that [name deceased] died as a result of [state alleged act causing death].

[Use (3) when gross negligence is alleged:]

(3)​Second, in doing the act that caused [name deceased]’s death, the defendant acted in a grossly negligent manner.1


Those are model jury instructions. At trial, the prosecution and defense both submit jury instructions that use the above as a guide. They then lodge their objections and the judge decides on the final draft of what the jury gets to see. It may follow the above, it may be way different based upon case law and the judges ruling in the particular fact pattern.

Criminal law procedures are way more complicated than an opinion and an internet connection.

Let’s say you and Pedropcola want Corsair dead. So, Pedropcola gives you $200 to hire a hit man. You give me the $200 to carry out the deed. Problem is, I’m not a very good shot and Corsair lives. The cops grab me and I roll on you. The cops grab you and you roll on Pedropcola. The three of us can still be charged with murder. Me for attempt, you for solitication and Pedropcola for facilitation. Manslaughter works the same way.

At the end of the day, we weren’t real good criminals. Smile




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Posts: 37156 | Location: Logical | Registered: September 12, 2004Reply With QuoteReport This Post
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quote:
Originally posted by a1abdj:
I was watching a report on this particular incident and I actually agree with what the school did in theory, although they botched it in practice. The school counselor believed that the shooter was suicidal not homicidal. When mom refused to immediately take him to a professional, the counselor believed sending him home to be alone would be a bad idea. Figuring that they could prevent him from hurting himself if he was in school the counselor elected to send him back to class.

Where they made a huge mistake was not searching his belongings. Didn't matter if they were sending him home or keeping him at school. If they had enough to suspect he was going to hurt himself he should have been searched immediately.

If they judged him to be a threat to himself or others, the police should have been called. "Botched it" is putting it lightly.


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Posts: 20520 | Location: Montana | Registered: November 01, 2010Reply With QuoteReport This Post
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If a psychologist deems that a person is a threat to himself or others he is legally obligated to report this to the authorities. This has been a longtime practice. No consent is required.
 
Posts: 17478 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
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the police should have been called.



The police should be called for all sorts of reasons, but schools generally avoid doing so unless they have no other choice. Our local police department has told the parents to go ahead and file assault reports directly with the department as the schools never report them. We even had a school resource officer relieved of duty for not taking a report from a parent. The school told him not to, and he believed the school was his employer......

Many schools and districts have officers in the schools. I haven't heard if there was an officer at this particular school. Does anybody know? Were they involved?


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Posts: 15837 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
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If the parent refuses the local police will transport to the nearest psychiatric hospital. No problem. They will wait in the lobby until he is admitted or take him home if he is not deemed to be a threat. They search his person and backpack before transport.
 
Posts: 17478 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
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quote:
Originally posted by a1abdj:
quote:
the police should have been called.



The police should be called for all sorts of reasons, but schools generally avoid doing so unless they have no other choice.

I would say that a suicide/homicide threat falls into the "no other choice" category.


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Posts: 20520 | Location: Montana | Registered: November 01, 2010Reply With QuoteReport This Post
Thank you
Very little
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posted Hide Post
quote:
Originally posted by a1abdj:
quote:
the police should have been called.



The police should be called for all sorts of reasons, but schools generally avoid doing so unless they have no other choice. Our local police department has told the parents to go ahead and file assault reports directly with the department as the schools never report them. We even had a school resource officer relieved of duty for not taking a report from a parent. The school told him not to, and he believed the school was his employer......

Many schools and districts have officers in the schools. I haven't heard if there was an officer at this particular school. Does anybody know? Were they involved?


Seem to recall a thread here where it was discussed that many schools won't report these type of situations in order to reduce the total number of reports in a district, either for funding purposes or to hide the real problem numbers and make the district look better. Be interesting to know if the district has discouraged leo contact for that purpose.
 
Posts: 24165 | Location: Florida | Registered: November 07, 2008Reply With QuoteReport This Post
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Seem to recall a thread here where it was discussed that many schools won't report these type of situations in order to reduce the total number of reports in a district, either for funding purposes or to hide the real problem numbers and make the district look better. Be interesting to know if the district has discouraged leo contact for that purpos

^^^^^^^^^^^^
LOL Talk about dumb. Lets see that post. Of course that absolves them of paying a mulimillion dollar lawsuit. Third grade logic.
 
Posts: 17478 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
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^^^Uhhh, that was a nationwide initiative on school discipline policy by the Obama administration! The specifics of the ill-conceived policy were revealed and discussed in great detail after the Parkland school shooting. Third grade logic maybe, but did happen!

Here's a link, but there a LOT on info on this policy initiative:

https://www.edweek.org/leaders...and-shooting/2018/03

Here's a snip from another article entitled:

Trump officials cancel Obama-era policy on School Discipline
quote:
The 2014 policy urged schools not to suspend, expel or report students to police except as a last resort. Instead, it promoted “restorative” discipline measures that don’t remove students from the classroom. President Barack Obama’s administration issued the guidance after finding that black students across the U.S. were more than three times as likely to be disciplined as their white peers.

The policy also warned that schools could face federal investigations if their statistics showed a “disparate impact” for certain races. Schools that disciplined certain races at disproportionate rates, for example, could be found in violation of federal law even if it wasn’t through intentional discrimination.

Critics said the policy overstepped federal authority and left schools afraid to take action against potentially violent students. The question came to the fore in the wake of the Parkland shooting, when some conservatives suggested the guidance might have deterred school officials from telling police about the suspected shooter’s behavioral problems.

In a report that made dozens of recommendations for America’s schools on Tuesday, the safety commission sided with critics, arguing that the policy was well-intentioned but “may have paradoxically contributed to making schools less safe.”

https://apnews.com/article/07c...42699f7640890677c2d2


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If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 2024....Save America!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
 
Posts: 9411 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
Little ray
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This commentator supports my point that for some, this is more about a gun ban than making parents responsible.

https://www.yahoo.com/news/opi...erful-165912754.html




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Posts: 53226 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
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You can make anything about guns if you want. The comments from the jurors were not about gun control.
 
Posts: 17478 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
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quote:
Originally posted by HRK:
Seem to recall a thread here where it was discussed that many schools won't report these type of situations in order to reduce the total number of reports in a district, either for funding purposes or to hide the real problem numbers and make the district look better. Be interesting to know if the district has discouraged leo contact for that purpose.

Most definitely.
There was an incident at Berkeley High School where a kid was accused of theft and fighting. Friend of mine was one of the responding officers, they get the statements from the principal and dean, then take the kid away. Find out later that this kid was a known problem, had many incidents but, school administrators & teachers tried to 'protect him from being another statistic in the criminal system'.
 
Posts: 15030 | Location: Wine Country | Registered: September 20, 2000Reply With QuoteReport This Post
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quote:
Originally posted by ZSMICHAEL:
You can make anything about guns if you want. The comments from the jurors were not about gun control.
In fact: What I saw of the "news" coverage surrounding this tragedy, the trial of the mother, even from the families of the victims, surprisingly little was about guns or gun control.

Most of the concerns appear to be about poor decisions by school officials and poor parenting.



"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe
"If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
 
Posts: 26009 | Location: S.E. Michigan | Registered: January 06, 2008Reply With QuoteReport This Post
Unflappable Enginerd
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I'm pondering what a "restorative practices coordinator" actually is, IF the school actually had one.


So yeah, that Obama era “disparate impact” junk might actually be in play here.


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Posts: 6356 | Location: Headland, AL | Registered: April 19, 2006Reply With QuoteReport This Post
would not care
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the school safety and mental health 'experts' let it happen
 
Posts: 3076 | Location: USA | Registered: June 12, 2008Reply With QuoteReport This Post
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