Articles Posted in Juvenile Crimes

It is a topic that has seemed to fade from the spotlight…for all but those who truly suffer under the Massachusetts assaults, destruction of property and harassment that fall under the topic of bullying. Not so long ago, it was a wonderful political football regarding which the law enforcement community and politicians alike were able to grab headlines.

But, then, it seemed to be played out. No, the problem did not disappear. It’s just that after draconian political prosecutions start to be criticized and the legislature shoves worthless-yet-politically-shiny new laws into public view…what else is there to do? After all, since such approaches were clearly not going to improve things, the issue simply became too embarrassing to keep talking about.

Apparently, however, Boston-based Massachusetts Attorney General Martha Coakley is taking the stage once again to revive the public rant against Massachusetts bullying in schools.

The AG is planning to testify Tuesday before the Legislature’s Joint Committee on Education on recommendations from a special bullying commission. This commission was created under the 2010 anti-bullying law which lawmakers rushed through and then congratulated themselves on passing the “toughest” such bill in the nation…although it was a toothless and overly broad piece of legislation that accomplished little other than creating “No Name Calling Day”, a new semi-holiday that has made a real difference in the lives of all the bullied and the bullies.

The commission’s recommendations have included requiring schools to collect annual data on bullying. It also requires schools to state in their anti-bullying plans that certain categories of students are particularly vulnerable to bullying and harassment. Of course, some schools have complied with the original statute…some have not. With an overly broad statute that seeks to treat grammar school students and college students the same way…it kind of leaves one standing with a huge question mark hanging over their heads when trying to figure out what schools are really expected to do.

I wonder what new and specific new ideas the AG will bring to the table this time…other than telling us that bullying is a problem that costs a number of kids their lives and those branded with the scarlet “B”should simply be locked up?

Attorney Sam’s Take On Political Prosecutors, Public Dialogue And The Issue Of Bullying

The Boston Criminal Lawyer Blog has been quite vocal over the last couple of years on this subject. I have talked about it on television, radio, print media and, of course, this blog.
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When the Boston Criminal Lawyer Blog left off on Tuesday, a child was looking at the entrance to the criminal justice system – the MA juvenile system.

There are many misconceptions about the juvenile justice system, just as there are about the adult system.

Unfortunately, the person who pays the price for these misconceptions is the juvenile.

That juvenile is also the one with the most to lose.

Attorney Sam’s Take On What Passes For Massachusetts Criminal Justice

The goal in the criminal justice system in general is, of course, to “do justice“. But, what does that mean? Most likely, if you ask 80 different people, you are likely to get 360 different answers. It depends on the individuals’ experiences and perspectives. However, over the years, we have culled together general beliefs on what Justice should mean in a court of law. We have spent a great deal of time discussing the realities on how that all works out in adult criminal court.
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As you know, one of the purposes of this daily criminal law blog is to warn people of the realities of today’s criminal justice system. Chief among those who need the warnings, but often do not realize it, are our kids. While today’s story was originally meant for what the system calls “juveniles”…it is a good warning to all human beings who experience passion.

Today, more than ever, passion is a dangerous thing. Particularly if it leads to written or spoken communication. And, following up on my parting remarks in July 19th’s blog, once triggered, the problems it causes can follow you for a long, long time.

I am primarily talking about the something that keeps the system going…romance. Or, more specifically, romance gone bad.

Faltering relationships and messy breakups can escalate into public arguments, defamation on social networks, and worse, Massachusetts teenagers (hereinafter, “Teens”) said yesterday during a Boston Public Health Commission conference at Northeastern University that focused on the challenges and perils of breakups in the social media age.

Word spreads fast in this “instant contact” world. Teens say rapid-fire rumors in text messages and trash talk on Facebook and Twitter make the dating scene more confusing…and more dangerous in many ways. Further, ad alittle anger, obsession and desire for retribution into the mix and you have instances of hacking into an ex’s Facebook account, sending threatening text messages that end with, “Or else.”

Because nobody has to wait anymore for a “cool down” period before they spring into action, more people act without thinking. Unfortunately, however, the system does not recognize that as acceptable. “I guess I just did not think about it first” is not a defense to Massachusetts crimes such as stalking, harassment, assault, annoying phone calls or making threats to commit a crime.

And, you may be sure, the elements of these crimes are usually interpreted liberally so that no chances are taken with a potential serial killer. After all, there is the media and, “What if I give him a break and he goes out and kills somebody?”

Don’t believe me? Just look at what is being credited for the Teens’ above-described meeting. According to the Boston Globe, such discussions “about healthy adolescent relationships have been brought into sharp focus after the body of recent Wayland High School graduate Lauren Astley was found in a swamp and her on-again, off-again boyfriend was charged with murder.”

Of course, assault and battery and murder have long been understood to be violent crimes. However, according to the National Council on Crime and Delinquency, one in three adolescent girls is said to be a physical, emotional, or verbal abuse from a dating partner.

What is verbal abuse and/or emotional abuse when it comes to juveniles? Do they even understand it? Do we adults even understand it? Now, add to that the newer issues like, “Can my relationship be official if it isn’t on Facebook? What do I do if he unfriends me after we break up? How do I stop her from spreading rumors about me on Twitter?”

To say nothing of the other side of the criminal justice coin which people do not want to recognize. This would involve false allegations made from an ex-partner scorned.

Attorney Sam’s Take On Juvenile Love And Retribution

Although we like to disregard the fact that kids are kids because they are not adults yet (biologically as well as most other ways) when it comes to things like bullying and sexting, Nature does not seem to be following our directives.
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Not so long ago, Wayland’s Nathaniel Fujita and Lauren Astley were a couple.
She broke up with him. He wanted to get back together. Now, she is dead and he is in custody, charged with her Massachusetts murder.

This is a common and tragic scenario that we see when it comes to domestic violence cases…both when those cases involve the young and the not so young.

After the killing, sometime last week, a cross section of teens were interviewed as to whether they ever think about things such as relationship violence. While many of the kids have friends in long-term relationships, most could not imagine and relationship at their age ending in such a tragedy.

Teachers and parents still preach about the perils of relationships twisting into violence. However, it appears to them that teens are too young to deal with serious relationships on their own, but not too young, despite what they might think, to suffer abuse and violence.

Some of the teens say that they have friends at the local High School who have been dating for a year or longer. But their friends’ relationships seem casual, they say. If those romances end, the girls predicted, neither boy nor girl would react explosively.

“It’s a little weird to be in such a serious relationship right now,” one girl said. “If you’re in high school, it’s not like you’re getting married.”

It is not that teenagers are complete strangers to the realities of abusive relationships. When a friend broke up with a longtime boyfriend months ago, the upset former boyfriend brandished a gun. But Fraser views the episode as an anomaly.

Even if their children see the issue as more theoretical than practical, parents said communication at home is key to healthy teenage relationships.

Seekonk resident Christina Machado, 44, has taught her 16-year-old daughter to enjoy spending time with her boyfriend of five months, but not so much that she neglects friends, family, and hobbies. Those conversations include her boyfriend and his parents.

“I want to make sure they’re strong enough to be their own people,” Machado said.

The daughter seems to be listening: “I don’t feel like I have to see him every day,” she said of her boyfriend.

Attorney Sam’s Take Violence, Kids And Laws

For those of us with children, this story is not surprising. Kids seem to think that they are indestructible and can “put it over” us old folks and get away with almost anything. Those of us with teens know that the truth according to the kids…we know nothing; they know all.
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Most Massachusetts schools are now closed for the summer. For some students, however, the ability to attend class ended long before the end of the school year. It is a problem that is not merely local, but national as well.

Take 15-year-old Nick S, for example. Nick was by all accounts a good kid. He was a Boy Scout and played on the football team at high school. Nick even did well in school and helped out at home by caring for his mother, Sandy, as she battled Lou Gehrig’s disease.

Then, one day Nick purchased one capsule of JWH-018, a then-legal compound that mimics the effects of marijuana at school. The school, having a strict policy against drugs, guns and campus crimes, found out about the purchase. Nick was questioned by authorities, admitted his wrongdoing and apologized.

You might think it would end there…or at least shortly thereafter. You would be wrong.

The school held a disciplinary hearing. Nick’s parents and his mother’s nurse accompanied Nick to it. Just them. That’s right, no attorney.

You see, a school administrator discouraged them from bringing an attorney. You know, much the same way police officers often do as they sit down to take your statement or invite you to a Massachusetts Clerk Magistrate’s Hearing. The administrator explained that bringing a lawyer would be unnecessarily adversarial.

Imagine their surprise when the hearing became an hour and a half of badgering and harassment. According to Nick’s dad, it was “adversarial to an extreme.”

“They were badgering him and impugning his integrity. It brought him to tears, had me in tears, my nurse in tears.” To say nothing of the effect on Nick’s seriously ill mother.

As a result of the hearing, Nick had to be transferred to another school.
He committed suicide six days after starting there.

Now, surrounded by pictures of his late young son, Nick’s dad is trying to make some sense of it all and why his son had to die. “I thought with Nick’s record, with this being a first-time infraction and with the fact he possessed something that they didn’t even know what it was, surely they couldn’t throw the book at him,” he says “I was warned that a lawyer would make the proceeding unnecessarily adversarial, so I didn’t pursue any legal advice at that time.”

Attorney Sam’s Take On Counsel And School Disciplinary Hearings

“Aw come on, Sam. I’m sorry about this tragedy and all, but that is a pretty extreme situation, isn’t it? I mean, how often does something like that happen?”

You would be surprised.

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Massachusetts campus crime. It’s been a problem for quite awhile. How often do we hear stories about a Boston University student raped? A trial is coming up in the Cambridge murder on the campus of Harvard University. And…of course…we have heard several stories about on campus Worcester bullying or Brockton drug possession at every school imaginable.

This one takes place in Salem, Massachusetts.

While not a violent crime, it is a matter for a Massachusetts white collar crime attorney. Under-age perpetrators can find themselves in Salem’s Juvenile Court for the offense.

In actuality, the crime is called “wire-tapping”. Technically, it is a Massachusetts white collar crime.

In street parlance, it is known as recording someone without their knowledge.

Apparently, the voices of various Salem teachers have been secretly recorded by students. School Superintendent William Cameron discussed the issue at a recent School Committee meeting recently. He explained that, in the last month, he is aware of two incidents. While he is aware of no connection between these two incidents, he is very troubled.
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…And speaking about warning kids, there is the story about the party that has led a bunch of them to the mass arrest of 52 people Friday night.

Impressingly, the kids were dressed up for the occasion. The party was themed “Business Hoes and Ceos”, and the kids were all wearing suits, ties, miniskirts, etc.

Not so impressing were the choices of refreshments at the party.

According to Plainview police, the juveniles’ lawyers will need to contend with charges of Massachusetts’ marihuana and alcohol. Yes, particularly given the ages of those present, these treats were not legal.

And so the juveniles were joined by those who were of age at the party. The adults were arrested for providing said treats.
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Over the past year, Massachusetts motor vehicle laws have changed a bit. For example, we now have a law against texting while driving.

Apparently, our neighbor to the south, Rhode Island, would like to take anti-text laws a step further. In fact, the legislatvie battle is on to create a new juvenile offense.

Why?

It is the South Hadley to Boston bullying frenzy all over again.

Last night, I was on Fox25 interviewed on this subject and, once again, the subject touched upon the typical legislative/prosecutorial dance…only this time in Rhode Island, not Massachusetts.

As you know, as our technology has grown, so have the ways it can be misused. When we invented the telephone, for example, we provided the opportunity for crank calls and obscene calls. Now, as it has become even easier to communicate at will, via phones that text, email and soon lord-only-knows-what-else, we present the opportunity for “sexting“.

It is important to note that sexting can be done via text…or photographs.

As you would imagine, sending child pornography over texts, as it is in email and regular mail, is illegal. Heck, just possessing it is illegal.

It is also independantly illegal to send such material to kids.

Of course, kids do not always understand the ramifications and adults are not always so great in warning them about it.

Similar to bullying.
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How do former Massachusetts prosecutorial politicians and general politicians admit that they were wrong? Well, they don’t. They simply, and quietly, try to seek a “do over”, as young kids would say.

And so it was that former South Hadley prosecutor, Elizabeth Scheibel (hereinafter, “EXDA”), joined with others yesterday to address the fact that her and other heroic (and speedy) legislators’ measures regarding bullying do not seem to be working very well.

You remember EXDA, don’t you? In response to the public outcry of Phoebe Prince’s suicide, she is the political prosecutor (“PP”) who made headlines, instead of sense, when she indicted a bunch of kids for, when it comes down to it, bullying. Rather than doing further investigation (which the media did later for her), it was more palatable for her to ruin the lives of the other kids involved.

The transparently political move, while gaining accolades at first, soured in the light of day and she thereafter retired. However, the damage had been done. Part of that damage was to “up the ante” with her fellow politicians regarding bullying. So, in true political fashion, they pushed through what they called “the toughest anti-bullying law in the country” Unfortunately, the awesome law did little save give a false sense of security to the general public and confuse those who had to actually read the thing.

Oh. And it also gave us “No Name Calling Day”.
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While Massachusetts schools have been struggling with ways in which to comply with the over-arching and extremely broad anti-bullying law, a couple of students at Brookline High School have apparently been doing their own planning. According to officials, that planning would include a mass homicide.

The students allegedly posted on Facebook plans to meet after school and commit the deed according to the prosecution. They indicated online that they could use gallons of gasoline and use thousands of syringes full of bear tranquilizers. When one of the lads suggested shooting some guns at proposed victims, the other genius responded that he was “way ahead of you,”.

Brookline police searched the homes of both students and seized their computers, but have not found any weapons, according to police..

The pair were arrested on Wednesday after one of their fathers became aware of the cyber-conversation and, apparently, felt that it would be better that his son end up in trouble…than dead or culpable for mass murder.
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