Bullies too young to prosecute
By JUDGE TOM JACOBS
Bullying, whether the traditional school-yard shove or by cell phone or online, knows no age limit. We came across a story out of Ireland that raises an issue not previously considered. Can you be under the age of prosecution and therefore get away with bullying a classmate? In the United States, as well as most other countries, age limits exist that a child must be before they can be formally charged with a crime. In other words, an eight year-old boy who injures a classmate may be considered too young to prosecute in a court of law. That doesn’t necessarily mean that he is free of all consequences. He may be subject to civil laws regarding dependency and, as a result, come under the jurisdiction of the juvenile court for services.
In 2010, a 10-year-old boy and his South African family moved to Ireland. It didn’t take long before he was teased about his accent which the boy took efforts to hide. The taunting escalated away from school when his house was pelted with eggs and a Facebook account was set up to make fun of him. The incidents were reported to school officials who did little to end the bullying. The school board wrote to the parents explaining that “It has been clearly and undeniably confirmed that the cyber-activity, related to Facebook, and the allegations or indications of bullying by a defined number of children did not take place during school hours.” The board concluded by telling the parents that they would try and ensure their son was not bullied while in school.
The school passed on the responsibility to act in this case to law enforcement. However, there is little the police can do since the legal age of responsibility in Ireland is 12. Younger children who break the law are handled by their parents, counselors, therapists and the like. The boy’s father, Gerry Dalton, commented that he was disappointed the Facebook posts were being treated separately from the whole picture including the bullying at school. Mr. Dalton removed his son from the school.
Do you think this is right? Should bullies be free from facing a judge or going to court because he or she is 10 or 11 years-old? What should be done with young students who bully others on or off-campus? We’ve made this comment before, but does there always need to be a law to accomplish something? Schools spend a lot of time investigating the behavior of their students. Now they have to determine whether the cyberbullying was done away from school or at school or on school equipment.
This is wasting resources and the already limited funds available for education. Maybe schools should consider entering into an agreement at the beginning of the school year with parents and their kids about consequences for cyberbullying, regardless of where it occurs. If the abusive, mean-spirited speech affects a student at the school, the school can impose appropriate discipline. Parents who disagree with this can opt out and their kids won’t be included. This is similar to other opt-out programs at school: sex education, condom distribution, Bible study as part of social studies, etc. Just a thought. The benefit: immediate consequences, fewer lawsuits and protracted litigation, and fewer issues for teachers to face that distract from their true profession.
Judge Tom Jacobs blogs at http://www.askthejudge.info/.
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Children under the age of 18, according to most laws in most countries, are “incapable” of making certain decisions involving consequences. That’s why we don’t let them drink, or drive, or operate heavy machinery, get married or go into the military. Their parents are responsible for them until they “come of age.” Therefore it’s up to parents to instill the discipline, manners and compassion they need to learn to participate in society. Hold the parent’s accountable for their child’s bullying and I promise you, it will stop. Not many parents want to lose a job because they’re sitting in jail because their child bullied someone. They WILL find a way to make discipline stick. The bad thing is, most bullies come from dysfunctional homes where the parents are battering each other verbally, and have no clue about how to show restraint, compassion, love or tolerance. Children act in the world like with the values they see and learn at home. Hold the parents accountable. Make the entire family attend counseling sessions or classes. Hit them in the wallet where it matters and bullying will cease. Good luck with that happening though. Since we’ve kicked God out of school, work, our lives and society there are no more values, ethics, love, or understanding that we’re all in this together. Bullies? They need God.