School bullies will take notice if their peers are convicted in criminal court.
Phoebe Prince, the first-year student at West Hadley High School in Massachusetts committed suicide after relentless bullying. This story has been covered by media around the country for the past several weeks.
This truly is a tragedy that has the ingredients to fashion a major advance in student rights.
Elizabeth D. Scheible, a district attorney in Massachusetts is taking on Phoebe’s bullies through the criminal justice system. At least nine teenagers identified in the bullying tragedy are facing criminal charges, including criminal harassment which carries with it a two and one-half-year jail sentence a fine, or both.
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Liability with respect to schools and school employees is generally based on the legal theory of negligence. Negligence has been defined as: the omission to do something which a reasonable person would do or the doing of something which a prudent and reasonable person would not do; the failure to exercise ordinary care under the circumstances; conduct that a reasonably prudent person should realize involves an unreasonable risk of causing invasion of another’s interest; or, a failure to do an act that is necessary for the protection or assistance of another.
For a plaintiff to prove negligence, generally, four elements must be proven: Read more…
The 12- and 13-year-old boys may face criminal charges after allegedly beating up 11 red-haired students at a Calabasas middle school. Most parents urge strong punishment.
Monique Kleinfinger and her daughter Samara, 12, recount how she was hit by a half-dozen other students at A.E. Wright Middle School on Nov. 20. “They seemed to think it was a big, funny joke,” Samara said. (Lawrence K. Ho / Los Angeles Times / November 30, 2009) |
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