Crime: School Interference and Threatening

Crime: School Interference and Threatening

JUVENILE COURT

ROLE PALY #1

CRIME: SCHOOL INTERFERENCE AND THREATENING

DETAILS:

Shortly after the shootings at Columbine High School in Colorado, Adam is in class with a few friends. Other students overhear him talking about the shootings. Adam, says that a better way to get rid of kids you don’t like is to put sleeping gas in the school vents, and then go through the school and “kill the people you don’t like.”

Adam is reported to the office, the police are notified, and an investigation is conducted. Adam is brought to court and admits the statement to the prosecutor, but says he was joking. Instead of being charged with the crimes of school interference and threatening, Adam agrees to complete eight community service hours under a diversion program (A process for first-time juvenile offenders who have committed a minor offense and have omitted to the offense. A punishment is given and formal charges are not filed. This keeps some juveniles from going to court and getting a juvenile record which could affect his/her future career. If the juvenile fails to complete the punishment, a formal charge or complaint may be filed.)

One week after reaching this agreement, Adam gets in a fight with another teen at a party. He is arrested and spends one day in jail before being released to his parents. There isn’t enough evidence to determine fault and no charges are filed.

However, because of the fight, the diversion offer is withdrawn by the prosecutor. Two incidents in such a short period of time call for more than community service. Adam is formally charged with school interference and threatening.

LEGAL DEFINITIONS:

Interference—knowingly going upon or remaining upon the property of a school for the purpose of interfering with the lawful use of such property by others, or in such a manner as to deny or interfere with the lawful use of such property by others.

Threateningor Intimidation—if a person threatens or intimidates by word or conduct to cause physical injury to another person, or serious damage to the property of another.

ELEMENTS OF A CRIME:

A crime is defined by 2 elements: the criminal act and the required state of mind or intent.

Act—doing something voluntarily that may have legal consequences

Intent—the state of mind of the person committing the act

Motive—the reason a person did or did not do something plays no part in proving criminal liability. If a person commits a criminal act with the required state of mind, then he/she is criminally liable, regardless of the motive.

BACKGROUND INFORMATION:

Adam is 15 years old and is the youngest of 4 children. His parents are divorced. He lives with his mother and has regular contact with his father. Adam works part-time in construction for his uncle and earns good grades in school. He has been disciplined a few times for problems with his temper. One day in class, Adam makes a comment to a teacher that he is “homicidal”—wants to kill people. Later he states he is joking and the matter is dropped.

PROSECUTION WORKSHEET

  1. Using the GlenOak Student Handbook, find definitions to support both of Adam’s comments as being threatening. Note the numeration and page numbers.
  1. Determine what punishment the school would use for Adam’s incidents.
  1. What strategies will you consider to prove Adam did use threating language (act) and intended to cause some type of reaction (fear, anger) from those students who heard the comments.
  1. List the people you would call as witnesses.
  1. Construct questions you would ask witnesses during the juvenile hearing.
  1. Write your opening statement to the court. (What you want to prove).

JUDGE’S WORKSHEET

After reading the case information sheet, list questions you would consider before sentencing Adam.

LEGAL ISSUES:

The law states that threatening someone with physical injury is a crime. In making your decision, you should consider the kind of threat that was made (bomb threat, threat to shoot someone, or a threat to beat someone up), and the person’s ability to carry through with the threat (there is a difference between threatening to harm someone you know as opposed to making a threat by email to someone you have not met). If the person has made more than one threat, and seems to be able to carry it out, the punishment would be harsher.

SENTENCING OPTIONS

  • Jail time raging from 2 weeks to 3 months followed by probation for up to 1 year
  • Jail time raging from 1-2 weeks along with community service hours, drug testing, counseling, and restricted use of the Internet to prevent him from getting information about weapons, which some kids have done
  • No jail time, but intensive probation from 3-6 months which would include daily contacts with a probation officer with the threat of future jail time of 1 week to 3 months if Adam violates his probation terms.
  • No jail time, but regular probation for 1 year along with community service hours and drug testing.
  • Participation in anger management classes and counseling
  • Order Adam to have no contact with his victims and the witnesses against him, such as the person he had the fight with and the kids who reported his threatening comment in school.
  • Anything else???

WITNESS SCRIPT:

Several students will be asked to be a witness in this case. Chose one witness and write a script that will be used as your depositions (AKA oral interrogatories---testimony taken under oath as oral questions requiring answers). Your script should include the question asked and your answer.

Create a “story” around the facts of the case. What information would you have, what involvement did you have with the defendant, what did you see or hear.

Witness #1: Mrs. Smith, teacher who witnessed Adam’s first alleged threat—“homicidal”

Witness #2: Sue Beck, student who overheard Adam’s “better way” threat.

Witness #3: Josh Turner, boy who was involved in the fight with Adam

Witness #4: Mr. Black, principal of GlenOak High School

Witness #5: Adam

Witness #6: Adam’s mother

DEFENSE WORKSHEET

  1. Using the GlenOak Student Handbook, find definitions that support both of Adam’s comments as being threatening. Note the numeration and page numbers.
  1. Determine what punishment the school would use for Adam’s incidents.
  1. What strategies will you consider to prove Adam did not act on his comments and did not have the intent to carry them out.
  1. List the people you would call as witnesses.
  1. Construct questions you would ask witnessesduring the juvenile hearingto prove Adam did not act and did not have intent (the ability to carry through with the threat).
  1. Write your opening statement to the court. (What you want to prove).
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