School Violence

School Violence

Joshua has repeatedly teased and harassed Colin at their high school. On one occasion, Joshua and some other people abducted Colin and tied him to the flag post, partially nude, for everyone to see. Colin wanted to get even, so he decided to scare Joshua. One morning before school, Colin drove his car at high speed directly at Joshua, intending to stop just before hitting him. Colin couldn’t stop in time, however, and Joshua was killed instantly. Answer the following questions:

a. Could Colin be charged with murder, voluntary manslaughter, or involuntary manslaughter? Why?

b. Suppose that this occurred in a state where Colin is still considered a minor, but can be transferred to adult court if the offense is serious enough to warrant it. Is Colin’s age a mitigating defense, or should he be treated as an adult?

c. Could the length of time between the ongoing provocation and Joshua’s killing be a factor in this? Why or why not?

Solution:

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