Child who kills in self-defense--what happens?

Lunatique

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What would happen if a child (pre-teen) killed in self-defense? I'd assume it would be considered manslaughter due to the self-defense, and the child will be tried as a juvenile, but what happens after that?

How long would the trial take usually? Do children in these cases just go back to their "normal" lives and return to the schools they were attending? But if the cases are public knowledge, how would other children, and other children's parents react to the return of the child? Would the child be shunned? Feared? Do most children in such cases end up moving away and attend a different school where no one knows him?
 

jclarkdawe

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What state?

What does the prosecution believe happened?

Self-defense is a defense to a homicide charge, and if the jury/judge finds the person acted in self-defense (in accordance with that state's statute which involves different duties to retreat), then the person is not guilty of homicide (whether murder or manslaughter) and is free to go where they choose.

Best of luck,

Jim Clark-Dawe
 

Drachen Jager

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Killing in self defence is not a crime.

Psychological fallout will depend on the individual. It used to be psychologists said there was a 'normal and good' way for dealing with trauma, but more recent thinking is that everyone has their own methods of coping and that is okay.

Certainly the child would be traumatised, but the level and type of response is impossible to guess.
 

Torgo

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You'd only get a trial if the prosecutors didn't believe it was self-defence, so if your story requires a trial then the circumstances of the killing have to be a little murky.
 

Lunatique

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Whichever state the incident took place in isn't important to the story at all, so it's not a limiting factor (meaning I can have the story take place in any state that has laws matching my needs for the story. In fact, I even want it to be completely irrelevant where the story takes place, as technicalities are totally not the point of the story--it's a modern fair tale, but it has to happen in the real world since it's an urban fairy tale).

Whether the prosecution in the end would conclude the child is innocent is kind of tricky, as there are no witnesses. Essentially, this is what happens:

-Child A kills the adult while defending another Child B from abuse by an adult.

-When the authorities finally find the two children after months of search, Child B has disappeared, and Child A cannot explain why, because the disappearance was supernatural.

-Child B is the only witness to the incident.

-Child A cannot tell the truth about the supernatural disappearance, because of the consequences of being labeled as insane, so Child A lies and says they had a fight and went their separate ways, and Child B is still out there somewhere, living in the streets.

-It's common knowledge that the two children were very close--BFF and romantically involved.

-It's also common knowledge that Child B has become mentally unstable in the recent months leading up to the incident.

-I'm not sure if I want to have a witness to the supernatural incident where Child B just vanishes. It depends on how such a witness will impact the outcome of the case. I have no idea how supernatural incidents are perceived by the court of law.
 
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Buffysquirrel

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In the absence of witnesses, what they have to go on are the child's statement, and any evidence found at the scene or derived from the body of the victim. If the child's version of events tallies with the other evidence then it's possible the prosecution would not pursue the case. I don't know about the US, but here in England the fact that the child fled the scene is not admissible as evidence of guilt.

I also have no idea how a US court would view supernatural events, but I'm pretty sure our courts wouldn't have any truck with them. I vaguely remember a civil case in which someone tried to sue because their house was haunted, and the court basically said 'there's no such thing'.