Chapter 11: Schools and Delinquency

Chapter 11: Schools and Delinquency

A. Introduction School crime and safety --Student victimization --Teacher victimization -Do schools have a stay-in or a dropout problem? The stay-in problem The drop-out problem -School, children, and rules Suspension and expulsion Corporal punishment -School, children, and law Searches and seizures Free speech Chapter 11: Schools and Delinquency

B. School Crime and Safety a. School crime has decreased in the last few years, but theft and violence can still cause a disruptive environment not conducive to learning i. 1999, students were the victim of 2.5 million non-fatal crimes (theft plus violent crimes) with the victims being distributed evenly between males and females 1) Student victimization a. Students are the victims of a wide range of non-fatal offense in school (hate graffiti, property theft, bullying, etc.) i. Since secondary schools warehouse people between the ages of 14 and 18, is delinquency inevitable? (The age effect) Chapter 11: Schools and Delinquency

b. Street gangs i. Though street gangs are very disruptive to schools, the percentage of students who reported street gangs at their schools had decreased between 1995 and 1999 (this number has fallen by 17%) ii. Today, 29% of the nation’s schools contain street gangs who are often involved in drugs, weapons trafficking, and violence c. Regulations and restrictions have been somewhat successful to combat this problem i. Some school districts have established regulations that govern the dress or the behavior of youths on school ground (i.e. no pagers, no baseball caps on school grounds) ii. Another regulation has been the banning of specific gang ‘paraphernalia’ and actions that are deemed to be furthering the interests of gangs Chapter 11: Schools and Delinquency

iii. Other school responses include education and training programs designed to increase youth awareness and resistance to gangs (such as project build in Chicago- Broader Urban Involvement and Leadership Development) iv. In the vein of programs such as DARE, these gang awareness programs emphasize realistic alternatives to gang membership d. Weapons in school are another major problem i. The percentage of students who were threatened or injured with a weapon on school property has remained constant in recent years (about 8 percent) with males more likely than females to be victimized (in 1999-10% of males reported being threatened in this manner, while the number dropped to 6% for females) ii. There does not appear to be racial/ethnic differences in these percentages Chapter 11: Schools and Delinquency

e. Bullying, or negative acts by students carried out against other students repeatedly over time, is another issue of concern i. Physical bullying – examples include hitting, kicking, spitting, pushing, and taking personal belongings ii. Verbal bullying – examples include taunting, malicious teasing, name calling, and making threats iii. Emotional bullying – encompasses the spreading of rumors, manipulating social relationships, or engaging in social exclusion, extortion, or intimidation iv. Sexual bullying – harassment and actual abuse f. How widespread is this problem? Chapter 11: Schools and Delinquency

i. According to the National Institute of Child Health and Human Development (NICHD) about 17% of school-aged children have been bullied ‘sometimes or ‘weekly’ (or about 2 million children are bullied each week, with about 2 million children also carrying out the bullying) ii. Though boys and girls are equally likely to be bullied, the forms of bullying are drastically different—(with girls usually being the victims of rumors and such, while boys are typically physically bullied) g. What happens to children who are bullied? i. In the short-term, children who are bullied often have trouble making friends, embarrass easily, are insecure, have low self-esteem and are fearful of attending school ii. The impact of chronic childhood bullying often follows children into adulthood where they will be at a greater risk of suffering from depression and committing suicide Chapter 11: Schools and Delinquency

h. And what about the bullies? i. Bullies typically have other problems as well which include but are not limited to: the abuse of animals, shoplifting, poor attendance, fights and drug use ii. In studies conducted by Dan Olweus and Susan Limber, bullies are more likely to become chronic adult offenders and criminals than non-bullies I. Hate speech and graffiti i. In 1999, nearly 13% of students reported that someone at school had used hate-related words against them, with black students more likely than white or Latino students to be called hate words ii. About 14% of females reported being called hate words and about 39% of girls reported seeing hate-related graffiti (for males, the numbers were 12% being called hate words and 34% seeing graffiti) Chapter 11: Schools and Delinquency

j. Stolen and/or damaged property i. Though these crimes are less harmful than physical attacks on students, they divert attention away from a student’s studies and can make the learning environment appear to be less safe than it actually is ii. About 1/3 of all students have reported being a victim of a theft or have reported damage to their personal property iii. In these studies, boys were more likely than girls to report being victims of theft or property damage on school grounds k. The overall consequences of student victimizations i. Students who fear for their own safety will almost certainly have difficulty learning and about 5 percent of students reported fearing that they would be attacked or harmed in school in 1999 (about 1 million students) Chapter 11: Schools and Delinquency

2) Teacher victimization a. Teachers are also the victims of violence and theft in school (in the 5 year period from 1995-1999 teachers were the victims of approximately 1,708,000 non-fatal crimes at school including 1,073,000 thefts and 635,000 violent crimes) b. Some teachers are more likely than others to be crime victims, and according to research conducted from 1995 to 1999: i. High school and middle school teachers were more than twice as likely as elementary school teachers to be victims of violent crime ii. High school and middle school teachers were also about twice as likely as elementary school teachers to be victims of property crimes iii. Male teachers were more than twice as likely as female teachers to be the victims of violent crime Chapter 11: Schools and Delinquency

c. From 1994 through 1998, urban teachers were more likely to be victims of violent and property crimes than either teachers in rural or suburban schools C. Do schools have a stay-in or dropout problem? 1) The stay-in problem a. Jackson Toby postulates that the reason why schools are unsafe is because they have a stay-in problem, and NOT a drop-out problem i. Stay-in students who are delinquent and who earn poor grades interfere with the education of other students who wish to learn b. According to Toby, schools must get rid of these stay-in students by: i. Lowering the age students can quit schools from 16 to 15 Chapter 11: Schools and Delinquency

ii. Abolish rules that tie Aid to Families with Dependent Children (AFDC) to continued school enrollment iii. Create a sub-minimum wage for teens that would give them the opportunity to work in the legal job market c. The dropout problem i. About 3,000 students drop out of school every day, according to research conducted by the Children’s Defense Fund in 2001 ii. Juveniles who drop out of school will have considerably lower prospects in life than students who stay in school d. Is there a link between drop-outs and crime? Chapter 11: Schools and Delinquency

i. Though drop-outs do have higher crime rates than juveniles who continue their schooling, their rates were also higher before they left school ii. Delbert Elliot and Harwin Voss found that delinquency decreased after troubled children dropped out, and reasoned that this was because school was causing these children to experience stress and frustration iii. However, research carried out by Terence Thornberry reported that dropping out of school increased the likelihood of later crime iv. Roger Jarjoura probed more deeply into the reasons why children dropped out of school and hypothesized that a child’s reason for dropping out of school would be related to future delinquency e. Prevention programs i. Nearly every school district in the United States has a drop-out prevention program ii. In New York City, students with good attendance and behavior will be given a job upon graduation, and jobs can be an enormously stabilizing influence on a juvenile’s life Chapter 11: Schools and Delinquency

iii. In West Virginia, students who drop out of school are denied a driver’s license iv. A variety of programs such as the Values in Action program in San Gabriel, California emphasize integrity and other values that many feel are essential in helping to keep children in school D. Schools, children, and rules a. Across the nation, students are usually inducted into a system of rules through a student handbook which lists student rules and the consequences for violating them b. Common rules include, but are not limited to the restriction of: i. Smoking, or the possession of tobacco products ii. Toys at school (e.g., Frisbees) iii. Wearing hair in a particular style Chapter 11: Schools and Delinquency

iv. Using disrespectful or abusive language 1) Delinquency and punishment a. Suspension i. In 1976, the supreme court of the United States ruled that students who are suspended for 10 or more days must receive a hearing (Goss v. Lopez) ii. At the hearing, they do not have the right to an attorney, or the right to cross-examine or confront witnesses iii. Within 24 hours following a suspension, the principle must provide a written statement outlining why a child was suspended b. Expulsion Chapter 11: Schools and Delinquency

i. Students who face expulsion have the right to a hearing, and the right to appeal the decision to the school superintendent or to the school board ii. Though black students only make up about 17% of the student population, they make up about 30% of the 3 million children who are suspended each year (1 in 8 black students are suspended each year, while only 1 of 30 white students are suspended each year) c. Corporal punishment, or the infliction of pain as a penalty for violating a school rule, is still a controversial issue i. Corporal punishment in schools is prohibited in every industrialized nation except the United States, Canada, and one state in Australia despite the fact that it has been linked to increased aggression, depression, school and emotional problems, and future delinquency ii. There is a long history of corporal punishment in the United States, and many advocates of it base their beliefs on the Old Testament’s “Book of Proverbs” which states that “he that spareth his rod hateth his son; but he that loveth him chastiseth him betimes” Chapter 11: Schools and Delinquency

iii. In other words, some believe that this quote gives credence to the belief that teachers should physically punish unruly students d. In Baker v. Owen (1975), the Supreme Court decided that teachers could administer reasonable corporal punishment for disciplinary purposes and in 1977’s Ingraham v. Wright, the court added that corporal punishment does not violate the cruel and unusual punishment clause of the Eighth Amendment e. Each year, about 500,000 students are physically punished by teachers, coaches and bus drivers in the United Sates (with about 5,000 children being beaten so badly that they require medical attention) i. Boys, (who consist of 61 percent of the student population), receive 80% of beatings ii. Blacks, (who constitute 17 percent of the student population), receive 40% of beatings f. Corporal punishment (the ongoing debate) Chapter 11: Schools and Delinquency

i. In recent polls, about 48% of Americans agree with the idea of corporal punishment in an educational environment, while 44% disagree ii. Around 1983, more than 1.5 million students were paddled annually, while only about 500,000 are hit today on an annual basis iii. In 1980, corporal punishment was banned in 5 states; today that number has reached 27 states iv. Though it is allowed in 11 states, many school districts have chosen to prohibit it v. Even though many support corporal punishment because they believe that the threat of physical violence is enough to keep most students in line, experts such as psychologist Ralph Welsh argue that corporal punishment produces fear and anger in students E. Schools, children and law Chapter 11: Schools and Delinquency

1) Searches and Seizures a. School officials may legally search students and their lockers without consent though this may seem to violate the fourth amendment i. Searches and seizures are deemed to be legal in school; since schools need to protect and maintain a proper educational environment for all students (the needs of the many outweigh the needs of the few?) ii. In Thompson v. Carthage School District (1996), the 8th circuit court of appeals overturned a lower court decision regarding the exclusionary rule of the fourth amendment (which protects against improper searches and seizures) iii. Basically, the result of the decision was that school officials may legally search students and their lockers without consent b. A sweep search, or a search of all school lockers on the premises, is often authorized by a principal when he/she feels it is necessary to protect the student body at large from: Chapter 11: Schools and Delinquency

i. Interference with a school purpose or an educational function ii. Physical injury or illness iii. Damage to property iv. Violation of state law or school rules v. Disposal of confiscated contraband vi. Involvement of law enforcement officials vii. Locker cleaning c. Also, there has been a special waiving of the probable cause requirement of the fourth amendment when it comes to locker searches Chapter 11: Schools and Delinquency

i. The “reasonable suspicion doctrine” was established in New Jersey v. T.L.O. (1985), when the court ruled that school officials can conduct searches of lockers without a warrant on the basis of reasonable suspicion ii. In Vernonia School District 47j v. Acton (1995), the court held that students participating in school athletic activities must submit to a urinalysis (or similar test) upon the request from school officials (seizing urine and searching for traces of drugs in it based on reasonable suspicion) 2) Free Speech a. The guarantee of free speech in the first amendment is relative and the free speech of students in public schools has been much more restricted than the free speech in other institutions i. In West Virginia State Board of Education v. Barnette(1943), the court held that students do not have to salute the flag while reciting the Pledge of Allegiance Chapter 11: Schools and Delinquency

ii. In Tinker v. Des Moines Independent Community School District (1969), the court ruled that students have the right of free expression as long as their behavior does not interrupt school activities or intrude in the school affairs or the lives of others iii. In Bethel School District No. 403 v. Fraser (1986), the Supreme Court ruled that schools may prohibit vulgar and offensive language iv. In Hazelwood School District v. Kuhlmeir(1988), the Court ruled that school administrators can regulate the content of student publications in public schools for educational purposes (in other words, administrators could exercise the ability to censor student publications) b. Religion, schools and students i. Over the past 60 years, the Supreme Court has heard many cases where the constitutionality of religion/prayer in school has been questioned ii. Perhaps the main two milestone cases in this category are McCollum v. Board of Education (1948) and Engel v. Vitale (1962) Chapter 11: Schools and Delinquency

iii. In McCollum, the court disallowed the practice of having religious education take place in public schools, and in Engel the Supreme Court ruled that it was unconstitutional for a school to require students to recite prayer or meditate c. The Future of our schools i. Are our schools truly in a decline compared to the schools of other industrialized nations? ii. Are some forms of delinquency inevitable? (such as bullying) iii. Will programs such as the No Child Left behind act help to strengthen America’s schools, and thus decrease rates of delinquency in the future? (pro) (con) End of chapter 11 notes Chapter 11: Schools and Delinquency

Chapter 11: Schools and Delinquency