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Editor: Kevin Cole
Univ. of San Diego School of Law

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Monday, October 29, 2012

"Now 12, California Boy Comes to Trial in Killing of Neo-Nazi Father"

From The New York Times:

And those facts raise several more philosophical quandaries that, depending on how the judge weighs the answers, may determine the outcome of the trial. Among them: whether virulent racism can amount to parental abuse, whether a child exposed to such hate can understand the difference between right and wrong, and whether someone who grows up in such toxic circumstances can be blamed for wanting a way out.

The prosecutor, Michael Soccio, says that the actions of Joseph Hall have little to do with Nazism, but rather with his anger at being punished and spanked by his father at a party the day before the killing and the boy’s worries that his father would leave his family. . . .

But Joseph’s public defender, Matthew J. Hardy, says his client has neurological and psychological problems, compounded by exposure to neo-Nazi “conditioning” and physical abuse in the home.

. . .

Instead, Mr. Hardy said, Joseph thought he was being a hero by shooting his father. “He thought what he was doing was right,” said Mr. Hardy. “And while that may be hard for other people to understand, in his mind, in a child’s mind, if he thought it was right, or at least didn’t think it was wrong, then he cannot be held responsible.”

. . .

California’s penal code also says that children under 14 cannot be charged with a crime without clear proof that “they knew its wrongfulness.”

http://lawprofessors.typepad.com/crimprof_blog/2012/10/now-12-california-boy-comes-to-trial-in-killing-of-neo-nazi-father.html

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