Defendant (underage) was being bullied at school so his parents gave him a gun to protect himself. The defendant ends up shooting one of the kids that is bullying him the next day with the gun.
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Get it written →Defendant (underage) was being bullied at school so his parents gave him a gun to protect himself. The defendant ends up shooting one of the kids that is bullying him the next day with the gun.
In this jurisdiction, it is a felony for an underage person to possess a firearm. The defendant and his parents did not realize it was a felony for an underage person to possess a firearm.
1. Analyze whether the defendant could be convicted of first or second degree murder based on a theory of felony murder. Limit your discussion to felony murder liability triggered by the charge of being an underage person in possession of a firearm, and consider how the outcome could vary depending on which rule the jurisdiction uses to analyze whether this felony triggers the felony murder doctrine.
2. Analyze whether the defendant could be convicted of second degree murder and/or voluntary manslaughter under a theory other than felony murder. For voluntary manslaughter, apply the modern majority rule.
3. If the defendants parents were also to be charged with involuntary manslaughter based on a theory of accomplice liability for their role in the crime, what are some strengths and weaknesses of this charge against them?
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