Gwendolyn Hunt was driving while intoxicated when she hit and killed Felicia Meyers, a seven-year-old, in a school crosswalk. Gwendolyn was 16 years old at the time. However, she was on probation from a reduced sentence for driving 62 in a 35 mph residential speed zone. Should Gwendolyn be tried as an adult for vehicular manslaughter?
A dispute between neighbors involving property damage of $750 would probably be heard in:
(a) federal district court
(b) probate court
(c) small claims court
(d) associate circuit court
The correct answer and explanation is :
1. Should Gwendolyn Hunt be tried as an adult for vehicular manslaughter?
Whether Gwendolyn should be tried as an adult depends on state law, but based on the details—driving under the influence, a previous offense while on probation, and the death of a child in a school crosswalk—yes, she could and likely should be tried as an adult.
In many states, juvenile offenders aged 16 or older can be transferred to adult court if they commit serious offenses, especially violent or fatal ones. Vehicular manslaughter involving DUI is often considered a serious felony. The fact that Gwendolyn was already on probation from a previous reckless driving offense (speeding 62 in a 35 mph zone) shows a pattern of disregard for traffic laws and public safety. This could support a prosecutor’s argument that the juvenile system is insufficient for rehabilitation or accountability in her case.
Trying her as an adult would allow for a more severe sentence and reflect the gravity of killing a child while intoxicated and already on probation. However, courts will also consider her age, mental maturity, potential for rehabilitation, and prior record before making a decision.
2. Dispute involving property damage of \$750
Correct Answer: (c) small claims court
Explanation (300 words):
Small claims court is designed to handle minor civil disputes involving limited amounts of money—typically ranging from \$2,500 to \$25,000, depending on the state. These courts offer a simplified legal process without the need for attorneys, making it quicker and more accessible for everyday citizens.
In the case of a \$750 property damage dispute between neighbors, this falls well within the jurisdiction of small claims court. Common small claims cases include things like unpaid rent, damaged property, minor contract disputes, and personal loans.
Here’s why the other options are incorrect:
- (a) Federal district court: These courts handle violations of federal law, constitutional questions, or disputes involving large sums of money or parties from different states (diversity jurisdiction). A \$750 local property issue doesn’t qualify.
- (b) Probate court: These courts deal with wills, estates, and guardianships. Property damage between neighbors doesn’t fall under their jurisdiction.
- (d) Associate circuit court: These courts may hear minor criminal cases, traffic violations, and some civil matters, but a small claims court within the circuit court system would still be the proper venue for a \$750 dispute.
In summary, small claims court is the best forum for resolving this kind of issue efficiently and affordably.