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Is bullying a crime? Should it be?

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Tuesday, April 06, 2010
 
 

On Jan. 14, Phoebe Prince endured a day of taunts and text-message bullying at South Hadley High School. By all accounts, that day was a lot like the one before it, and the one before that, just like most days since Prince moved to South Hadley from Ireland.

But on Jan. 14, Prince went home and hanged herself.

And now nine of Prince's schoolmates, ranging in age from 14 to 18, face criminal charges of harassment, stalking, statutory rape, and violation of civil rights with bodily injury in connection with her death.

Phoebe Prince0407prince

Phoebe Prince, 15, hanged herself Jan. 14, allegedly after being bullied at school. Nine classmates have been charged, raising the question of whether bullying is criminal.

The charges are a bold move from law enforcement to use criminal prosecution to crack down on bullying. Prince's death follows two other high-profile suicides related to bullying, one of a Massachusetts boy last year and one of a 13-year-old Missouri girl who was sent harassing messages on MySpace by the mother of a classmate.

"Every law has its first case, and this is a legal issue that's ready for a test case," says Tamara Holder, a Chicago criminal lawyer who has worked with Chicago's public schools and police on school violence issues. "It looks like there's a trend, and that's the time to get out in front of a problem, legally."

If kids know they could be held criminally accountable for their actions, they may think twice, Holder says.

But whether bullying is actually a crime is a thornier question. A lot of kids are bullied, but very few kill themselves. And even in those cases, proving that the bullying was the direct cause of the suicide is hard, especially when, in the case of 13-year-old Megan Meier, the teen has a history of depression or other mental health issues. (Lori Drew, the woman who posed as a teenage boy and pretended to be interested in Meier, was eventually acquitted of all charges.)

Forty-two states have anti-bullying laws, according to the National Conference of State Legislatures, but most deal with prevention and the duty of school administrators to step in, not directly with the bullies themselves.

"Essentially, we're talking about people being mean to each other, and that's tough, though not impossible, to criminalize," Holder says. Holder notes that if it occurred between two adults, there would be nothing criminal about it.

But children are different, says Dr. Aoife Lyons, a child psychologist in Chicago who has spoken at schools about bullying. Lyons says she regularly sees children traumatized by bullying, some so severely that they require hospitalization.

"It may seem like minor bullying, but it doesn't feel that way to a child," Lyons says. "It's our job to protect kids from a lot of things, and sometimes that includes other kids."

Holder says she thinks the charges against the Massachusetts teens would pass legal muster, but that getting a conviction would require a finding that the bullying was the chief and immediate cause of Prince's suicide, which may be difficult.

No matter what happens in Massachusetts, Holder says, the legal system is starting to catch up with bullying.

"It's time to create a standard: What is bullying, and what are the legal obligations of everybody involved -- parents, teachers, kids?" Holder says. "At the end of the day, these parents sent their daughter to school, hoping that she would be protected. That didn't happen."

 
 
 
 
Well...

By Jeff on Friday, October 21, 2011

It took me until my sophomore year in high school to stand up to bullies. I knew I was a tough child, I played every sport, every day just about. But I was shy and didn't talk hardly at all. So the bullies would attack, mostly mentally. If I could change this world, this is one thing I would get rid of. To Mr. Charles Fardette, I knew you for a long time, but I was one that never bullied you. If you want to contact me, write me at choowowowo@yahoo.com name is Jeff and "put ketchup on your umbrella and eat it"

this is crazy

By jereny on Friday, October 21, 2011

i hate bullies

Today's Bullying Is Actually Harassment

By D. S. Walker on Friday, October 21, 2011

All of the cases on "Bullied to Death" were actually harassment, and some were assault, one was a death threat, so yes, these are crimes. Additionally, anytime you create a hostile environment for someone through repeated acts, it is harassment. There has always been bullying, but there has also always been sexual harassment, child abuse, etc. Does this make it right? I think not! Parental apathy is another problem. Prior generations of parents did not openly condone meanness. If my parents got a phone call about one of us being mean, we were in deep trouble. BTW, parents are legally accountable for their children's actions until they reach legal age. Teach your children kindness instead of blaming the victims and make sure to read the terms of agreement for the sites where your underage children post on the Internet. You might be surprised to learn your responsibility for their actions. Remind them that anonymous posts can be traced if a crime has been committed. Defamation of character, harassment, threatening bodily harm, assault, property damage, and invasion of privacy are all crimes. You can view my October 22, 2010 blog post for more information. dswalkerauthor.com

I AM A VICTIM OF BULLYING

By Charles Fardette on Friday, October 21, 2011

Back in 1969-1982 I was bullied day after day after on the way to school, at school, and on the way home from school, and hardly anybody gave a SH&% back then when I had told them that I was bullied. In the 3rd grade, my body was whipped by a jump rope that an African American boy used, and I never provoked him before-hand. Obviously this boy was mentally ill, and still permitted to attend a NORMAL school. But by the time they finally kicked him out of our elementary school, the psychological damage he inflicted on me had already been done. To this day, I suffer from being Bi-Polar because of the many other students who teased, taunted, physically and mentally abused, and harassed me before, during, and after school. On the final day of the 6th grade school year, when all of us knew that the next semester meant a new school for us, on my way home from elementary school, a gang of 6 boy classmates each took a swing at my back, as a GRAND FINALE, because they knew that GARDENA ELEMENTARY SCHOOL could no longer do anything against their actions. YOU SEE, BACK THEN, NOBODY GAVE A SH&% ABOUT PEOPLE LIKE ME BEING BULLIED. Only within the last few years has this issue JUST STARTED to get attention. WELL, WHAT ABOUT ME ? Who do I turn to now ?

WTF!!

By rue on Friday, October 21, 2011

You guys are so heartless of course it's a big deal, our future generation is becoming more violent by the second, we as parents cannot stand for this careless behavior any longer some kids are even killing themselves because of the pain and suffering being caused it is unacceptable to sit here and do nothing to help our children!

YES IT IS A BIG DEAL

By Heather on Friday, October 21, 2011

You people that made the ugly comments must not have children. It is a very big deal. My son came hoem from school with a head injury due to a bully and you think it is not a big deal. A bully could have taken his life. These comments are cruel and it is people like you that do nothing that encourages these kids to bully. My son had no control over the situation and tried to walk away and they followed him. It is not these childrens fault that they are being bullied and it very childish of you to think so.

Whatever

By lamar on Friday, October 21, 2011

If bullying is really that bad to you just tattle tell. Its not a big deal

Stop bullying

By alison on Friday, October 21, 2011

it's childish

Grow up.

By Sensible Citizen on Friday, October 21, 2011

This whole subject is just ridiculous. I was bullied from first grade til senior year of high school and you know what I did? Dealt with it. If you can't deal with the thought of people being mean to you, you're not going to make it in the real world. It's true that people should not be mean, but to make them criminals for it is just a despicable abuse of power by lawmakers. Bullying is not a crime and we should not be trying to force anybody to try to be what we want them to be because soon we won't have any individuality left. These kids killed themselves because they weren't strong enough to endure like everyone else, what do you think would have happened if they would have made it to the real world and found that it's even worse. If you want the problem to stop, stop de-sensitizing your kids and get them to deal with their problems and move on with the damned lives. If they kill themselves it's their own fault.

It needs to stop!

By Parent tired of Bullying on Friday, October 21, 2011

My son is currently being bullied in Middle School and HS Sporting Events. Yes kids should be accountable but when they continue to bully over and over again, then the parents should be responsible! Start slapping charges or fines on the parents and hit them in the wallet and see if they get their kid to knock it off!

stop the bullying

By irene mcneal on Friday, October 21, 2011

hi, i am writing because my son was being bullying at kipp school in 5grade and the same kids will be in his classroom in 6grade this is why i am writing you i will like to know who can i report that to thank you.

my friend is getting bullied

By becky on Friday, October 21, 2011

he said he called the cops and they said that no ones breaking the law but i think something should be done because they are saying there going to kill him and stuff like for something that he really didnt do what could be done

Para- Professional RSCD

By Belinda L. Frazier on Friday, October 21, 2011

I am a Para Professional in the Rochester City School District . I have been in the classroom for 5 years now, and had to combat everything from the He say, She say comments to the bullying in the classroom. Also to the Bullying tactics that they also try to use on Teachers and Administrations. My take on these types of issues are when we start allowing our children to take responsiblity for there actions, by giving them realistic coinsequences then they will begin to understand that they can not do the things that they do and act., Stop slapping children on the risk and make them accountable for there actions. Stop coddeling them make them accountable. Stop blaming the parents, make them accountable. For much is asked of them, Much is required.

A few thoughts...

By Jerry Wills on Friday, October 21, 2011

I agree with Tamara Holder. Something needs to be done. In my opinion, bullying another is just a form of intimidation no different than bribery or ransom. The particulars are each different, but the outcome is the same. A person is being coerced or intimidated to the point of making a decision in favor of, or in relationship to, what another more aggressive person or group is demanding. In the case of bullying, there might be no request on the person being intimidated other than to induce shame. The act of "bullying" itself demands a response of some sort whether it be to evoke humiliation, subservience, or some action (emotionally or physically) to satisfy the bully. The more immature or emotionally unstable a person is, the greater the possibility they will not be ready (or able) to cope. This kind of activity within a civilized society, where no appropriate recourse is available, makes me think we have not come as far as a culture as I had thought. Children should not experience humiliation so deeply that they can only find peace in death from their mean spirited companions. Tamara Holder and others of her profession, press on into this gray area. It is a worthy area to invest your knowledge and pioneering spirit of justice toward. The world will be a much better place for us all once you succeed.

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