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Old 12-23-2016, 07:38 PM
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Default Missouri Plans to Punish Students Involved in School Fights: Felony Offense

Missouri Plans to Punish Students Involved in School Fights in a Very Harsh Way

When Missouri school students return from their winter break, they'll have to contend with a harsh new law that could send them to prison for getting into a fight - or even engaging in a harmless playground scuffle.

Under revised statutes that go into effect on Jan. 1, Missouri will now classify a fight between two students that has to be broken up by School Resource Officers as a felony.

Both students involved are eligible for the charges of either a Class E, which is assault in the third degree, or Class D felony no matter who started the fight, their grade level or age. Class E felonies carry a maximum prison sentence of four years. Beyond that, any student who injures another or is involved in a fight with a student in a "special class" will be subject to an even harsher felony - Class D, which can result in up to seven years in prison.

Read entire article HERE.

School to Prison Pipeline What the hell are they thinking!
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Old 12-23-2016, 08:27 PM
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Yes. Lets just send the children to prison as the first solution rather than take the opportunity to teach them alternative ways to deal with aggression and anger. Ridiculous and a big cop out for school officials. Give them a felony conviction before they even graduate from high school. I don't have the answer but it certainly isn't this.
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Old 12-24-2016, 05:32 AM
CenTexLyn CenTexLyn is offline
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http://www.hazelwoodschools.org/site...=8231&PageID=1

The link from the article provides far more information. It clearly discusses the intent to injure and the actual causing of physical injury, not the mere act of being a participant. Further, the reading of the statute makes clear that there is no mandatory filing.

Further, I am scratching my memory trying to remember how many fights I either saw or heard of in high school that even required physical intervention of staff to break up...I stopped at the second finger.

Additionally, where there are minors in the legal system, we are not going to be talking about high school fights being certified to go adult except and unless the juvenile was a pervasive offender to begin with. Again, I didn't have many over the age of 18 in my school way back when and I doubt things have changed since then...
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Old 12-24-2016, 06:17 AM
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Its wrong. Plain and simple. There were numerous fights where I went to high school--and that was back in '69 - '74 where there were still rural / farming areas. Somebody always got the short end of the stick.

From CTL's article:

Quote:
The way the new statue reads, if a person commits the offense of an assault in the third degree this will now be classified as a Class E Felony, rather than a misdemeanor. If he or she knowingly causes physical injury to another person (hits someone or has a fight with another individual and an injury occurs) – one or both participants may be charged with a Felony.
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...(no matter the age or grade level), if this assault is witnessed by one of the School Resource Officers/police officers (SRO) or if the SRO/local law enforcement officials have to intervene.


Nowhere does it state there will be no charges
"unless the juvenile was a pervasive offender to begin with." Nowhere. Also, IMHO, the constant use of the word "may" mostly means that they will file charges. Why? Because they can. Self-defense is actionable the per statute.

Its wrong. Plain and simple. On so many levels.
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Last edited by patchouli; 12-24-2016 at 06:20 AM.. Reason: add comment
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Old 12-24-2016, 06:28 AM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by patchouli View Post

Nowhere does it state there will be no charges
"unless the juvenile was a pervasive offender to begin with." [color=Indigo]Nowhere. Also, IMHO, the constant use of the word "may" mostly means that they will file charges. Why? Because they can. Self-defense is actionable the per statute.
Juveniles are handled in the juvenile system except and unless cause exists to certify them as an adult. Do you have any real clue just how few juveniles are certified as adults? The numbers are low and those that DO get certified are typically pervasive offenders. A school fist fight would NOT be on a prosecutor's list of cases to seek certification.

My guess is that you see fewer than a dozen prosecutions in a given school year and it will be those instances where a weapon was involved...and I would HOPE that EVERYONE is on board with prosecuting someone who assaults another with a weapon in their possession...
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Old 12-27-2016, 06:21 PM
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I've lived in a lot of different places and Missouri is definitely a police state.
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Old 01-08-2017, 05:40 AM
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I live in the area and again it's more news media BS. Lately they can't report the news without putting a negative spin on it. You would have to live here to understand how much it's changed since 2014
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Old 01-13-2017, 08:43 AM
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How much what has changed? MO is draconian in its attitude. That is due to our politicians listening only to a few, and ignoring the rest of us. Zero tolerance policies are not helpful. Our schools are not well funded to handle the anger management & counseling required. We are very low tax state, too, since tax increases are not approved much..unless it is for something the affluent desire, of course (fix roads leading to their expensive private prep schools...yay!....fix schools in North County or City...boo!)
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Old 01-13-2017, 09:34 AM
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Quote:
Originally Posted by CenTexLyn View Post
Further, I am scratching my memory trying to remember how many fights I either saw or heard of in high school that even required physical intervention of staff to break up...I stopped at the second finger.
Clearly we went to different schools. We had exterior locker bays and I can remember not being able to get in to get my books because they had it blocked off for blood clean up.

My high school has city police on campus now. I don't know that staff even become involved when it reaches that level.

I get that they'll likely be charged as a juvenile. But as I sit here typing up my husband's insight statement for the parole board, his comments about what it meant to be a juvenile offender paired with this article make me cringe. Labeling and locking him up instead of addressing his needs failed him. I can't support something that promises to do more of that to someone else.

Last edited by miamac; 01-13-2017 at 09:52 AM..
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