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Abstract
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VioLit summary:
OBJECTIVE:
The goal of this commentary by Menacker was to discuss some of the issues surrounding school-connected crime and to examine some solutions to this pervasive problem.
METHODOLOGY:
The author employed a non-experimental design to discuss the issue of, and some of the responses to, school-related crime in Illinois.
FINDINGS/DISCUSSION:
School-related crime, such as drug abuse, gang activities and juvenile violence, has become a national crisis, with discipline and drug abuse being consistently ranked as the public's primary concern about schools over the past two decades. The Department of Health, Education and Welfare's 1978 Safe Schools Study found that both teachers and students reported frequent robberies, assaults, batteries and similar crimes; the 1986 National Crime Survey reported that almost three million incidents of assault, rape, robbery and theft occurred in schools or upon school property that year. Juvenile crime has increased as adult gang members recruit youth to perform illegal activities for them, as the juvenile justice system has few sanctions available to punish these young offenders. The state of Illinois, being particularly affected by these problems, revised its Juvenile Court Act and sections of the criminal code in 1985, in order to clamp down on this group of offenders. The criminal code was changed so that assault (penalty of up to thirty days in jail and a fine of up to five hundred dollars) became aggravated assault if the attacker knew that the victim was a teacher or other school employee, or if the victim was attacked on the school grounds. The penalty for aggravated assault is up to one year in jail and a fine of up to one thousand dollars. Battery (penalty the same as for aggravated assault) became aggravated battery if the attacker knew the victim to be a school employee, or if the attack occurred on school grounds. The penalty for this crime is two to five years in prison and a fine up to ten thousand dollars. These penalties apply to those individuals over the age of 17 years, and are directed at gang recruiters and drug dealers who prey on juveniles. Revisions of the Juvenile Court Act included an exception to the protection of juveniles under 17 years of age from criminal prosecution - those above the age of 14 years charged with unlawful use or possession of a weapon in school grounds could be automatically transferred to criminal court, facing a penalty of between one and three years in prison. However, this provision was recently challenged by M.A., charged with unlawful use of a weapon on school grounds and transferred to a criminal court for prosecution as an adult. The trial court decided that there were no rational grounds for automatic transferral of 15 or 16 year olds charged with this offense when juveniles of the same age charged with felonies are allowed a hearing before a transfer to criminal court can be enforced. The Supreme Court then examined the case, and decided that it was rational for the Illinois legislature to attempt to deter weapons specifically in schools, as the unlawful use of weapons in schools could lead to more serious offenses and activities. The Supreme Court upheld the validity of the automatic transferral, and overturned the decision of the trial court. These revisions, however, continue to allow students under the age of 14 to be less severely punished than their older counterparts, with a resulting continued high rate of crime being carried out by this younger group, with no fear of punishment. Whilst harsher penalties for offenders aged 15 and over might acts as deterrents, and are evidence of society's current attitude towards violence in schools, no legislative solution has been found for those aged 14 and under. Whilst legislative and judicial changes are not the ultimate solution to the problem of school-related violence, they are welcome supports in the effort to reduce school violence.
EVALUATION:
The author presents an interesting examination of some of the issues surrounding school-related crime and its solutions. Whilst discussion about the viability of solutions to this problem were somewhat brief, the evaluations offered by the author should be considered as useful considerations for policy planners and for researchers in this field. This paper could provide a good basis upon which to begin further research in the area of prevention of school-related violence. (CSPV Abstract - Copyright © 1992-2007 by the Center for the Study and Prevention of Violence, Institute of Behavioral Science, Regents of the University of Colorado) |