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Does the charge of Battery require a formal complaint and what rights does the minor have with regards XXXXX XXXXX his rights, being searched, and secuestered/interrogated by a police officer in a public school without the presence or knowledge of a representative of that school?
Wow! Have the times changed. A simple 20 second school fight and a child's future can be possibly ruined or at least tarnished. If that were the case when I was coming up the schools would be empty and most would be in jail. Who didn't get in a fight in school at one time or another? If what you are saying is true then we are most assuredly living in perilous times. It seems as though a minor has no rights, in this example, and the police officer can do what he wants, arrest who he wants and act how he chooses. It also seems as though our children, who are supposed to be protected by a school system that is paid for with taxpayer monies, are not guaranteed their safety. Is not the public school charged with the responsibility of safe guarding and protecting the well being of the child regardless of the involvement of the police or civil authorities? I would argue that leaving a minor alone with a police officer would be no different than leaving him/her along with a stranger. If that officer were a pedophile or have abusive tendencies toward children, who then would know and be in a position to protect the child. I always believed that minors would be protected from harm at all costs while at school as I was.
This situation, in my opinion, violates the rights of the minor and leads me to believe that the school does not have the student in their best interest. Remember, we are talking about two children pushing each other.
I thank you for your time and prompt response.
I don't want to waste your time but this subject is extremely intriquing to me. This is not the case of my child, just one of interest.
I can agree that my "pedophile" comment can be offbase, unless you have been abused yourself by someone. It is true that the disguise of the word "fighting" has taken on a much broader meaning in todays life. I just believe there has to be a "common sense" thought application when dealing with school fights. I do know that schools now employ police officers as liaisons that are permanently stationed in the schools. However, that does not make it within the realm of the law.
When I drop my child off at school I am leaving him/her there with the understanding that the school will be taking the role of the guardian since minors are involved. The charge of guardian is given to the school, not the police department. No matter how you slice it, when 2 children get into a fist fight typically it is not criminal nor does it involve criminal intent. This is where I believe common sense should be applied and the decision to arrest should be based upon the incident and made by the educator or the parents of the parties involved and not the police.
In this particular case it seems as though the police officer, who did not witness the fight decided to arrest one particular student and not the other without the consent of the school, without witnessing the fight ad without receiving a formal complaint. I did view the video of the fight and I there was no harm to either student, other than possibly emotional. There was no formal charge and the school administrators, admittedly, were not part of the arrest. As a parent, I dont remember ever agreeing giving charge of my children to the police while at school and there has to be some line that is drawn with regard to this relationship between a school and the police department when it comes dealing with minors while they are in school.
I don't expect a reply and, again, I thank you for your time and response.
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