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Reports

The Criminalization of Bullying

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Posted on Apr 6, 2010

By Ruth Marcus

My heart aches for the parents of Phoebe Prince, the 15-year-old Massachusetts high school student who committed suicide in January after being relentlessly bullied at school and online.

My heart aches for her younger sister, who found Phoebe hanging in the stairwell of the family’s home. A scarf the sister had bought her as a Christmas gift was knotted around Phoebe’s neck.

My heart aches for Phoebe, who arrived from Ireland last fall only to endure months of abuse from classmates at South Hadley High School, the apparent result of Phoebe’s brief fling with a popular football player.

My heart aches, but I also question the wisdom of the criminal charges just filed against nine of Phoebe’s former classmates. Bullying should be taken seriously—by teachers, administrators, parents and, yes, fellow students. I’m doubtful, though, that criminal prosecution is the best way to punish or prevent it.

Nine students were charged, including three girls not named because they are juveniles. Two boys, 17 and 18, were charged with statutory rape; the age of consent in Massachusetts is 16.

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One of the juveniles is charged with “assault by means of a dangerous weapon, to wit: a bottle, can or similar beverage container”—apparently throwing a soda can at Phoebe as she walked home from school the day she died. The other charges include stalking, harassment, violation of civil rights and, my favorite, disturbance of a school assembly.

If this sounds derisive, it’s not because I doubt the seriousness of the conduct but because the specific counts underscore how clumsy a tool the criminal law is to deal with such behavior. Charging nine students is casting an awfully wide net.

The statutory rape charges are especially troubling, assuming the sex was consensual. Teenage boys engage in this conduct with teenage girls every day without being prosecuted. That activity, however unwise, does not suddenly acquire criminal overtones because the girl involved killed herself.

District Attorney Elizabeth Scheibel, announcing the charges, described “a nearly three-month campaign of verbally abusive, assaultive behavior and threats of physical harm ... relentless activity directed toward Phoebe, designed to humiliate her and to make it impossible for her to remain at school.” The bullying, Scheibel said, “far exceeded the limits of normal teenage relationship-related quarrels.”

How does she know—and do we routinely want prosecutors making these calls? Slate’s Emily Bazelon reported that among South Hadley students, “The prevailing sentiment was that, yes, Phoebe had been mistreated but not in some unprecedented way. ‘A lot of it was normal girl drama,’ one girl told me. ‘If you want to label it bullying, then I’ve bullied girls and girls have bullied me. ... It was one of the worst things I’ve heard of some girls doing to another girl. But it wouldn’t have hurt most people that much.’”

The criminalization of bullying risks a slippery slope down the age range. In Waltham, Mass., an 11-year-old was charged with two counts of assault and battery with a dangerous weapon—using her foot and a locker door—and one count of assault with a dangerous weapon using scissors.

The kids who bullied Phoebe Prince should be punished—suspended, expelled, required to attend counseling. Still, to be a teenager is to do stupid things. The teenage brain is a work in progress. The prefrontal cortex, the part linked to impulse control, judgment and decision-making, is still maturing. This is why all teenagers need adult supervision, from parents and teachers.

And it is why not enough responsibility has been placed on those whose brains were fully developed: the school staff who apparently knew of the harassment and did not do enough to stop it. As Scheibel reported, “The investigation has revealed that certain faculty, staff and administrators of the high school also were alerted to the harassment of Phoebe Prince before her death.”

The school says it did what it could when it knew. To its credit, it had brought in an expert on bullying even before Phoebe’s problems came to light. Still, the consultant told USA Today that when she returned to the school after Phoebe’s death, “I was told there was no visible sign these kids had faced consequences for what they’d done.”

As a legal matter, this is not a crime. In a broader sense, it is nothing short of criminal.

Ruth Marcus’ e-mail address is marcusr(at symbol)washpost.com.

© 2010, Washington Post Writers Group


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By Inherit The Wind, April 11, 2010 at 8:19 pm Link to this comment

I just quit a job owned by a bully, who terrorizes all the people who work for her.  She uses their need for employment as an excuse to abuse and mistreat everyone, with no regulating function.  And she thinks herself a superior human being because she works for charities in her spare time.  She thinks her staff loves her when, in fact, every single one (except maybe one idiot) hates her very guts and many were both supportive and envious of me leaving voluntarily.

Bullying is fundamentally an inability to empathize or even sympathize with others’ pain. It is a sociopath.

I find the charges of “statutory rape” interesting. I wonder if the sex was truly consensual or part of an elaborate game to further humiliate her and give even more justification to the mean girls labeling her a “whore”.  And, of course, I can guess the guys participated because it was an opportunity to f*** a pretty girl—pretty enough to date the football star.  I’m speculating of course, but why charge statutory rape otherwise?

I remember being bullied every day in 7th grade. Finally, the bully got bored.  He’s probably forgotten about me, after more than 40 years, but I haven’t forgotten him…

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By dihey, April 11, 2010 at 9:27 am Link to this comment

In my middle school the stronger kids usually protected the weaker ones like me from being physically or verbally harassed. If I understood why that was the case I would immediately inform the department of education. Unfortunately I do not have a clue why that was so. Could it have been a kind of “team spirit” deliberately planted in our brains by the teachers?

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By gerard, April 11, 2010 at 9:25 am Link to this comment

Leefeller, escape sharing in the responsibility if you can.  You can be the one to cast the first stone.

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By Shift, April 11, 2010 at 9:21 am Link to this comment

Administrators and teachers need to be strongly punished for their silence and lack of serious intervention.  The culture of the school perceives this issue too lightly.  Until strong punishment is handed down to all involved the culture will not change.  It’s called tough love with an emphasis on tough.  Place the burden on the bully and persons enabling bullying. 

Why does this continued.  Once again I place much of the blame on administrators who are largely chosen from the ranks of coaches.  Coaches are an insensitive lot who are often brutish.  Get some responsible academics into administration.

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Leefeller's avatar

By Leefeller, April 11, 2010 at 7:25 am Link to this comment

Even in agreement, one has a right to find something annoying, especially in presentation. So it is once again, I find one of my glaring pet peeves or even a fetish of sorts, in gerard’s post the use of “we”.

Me, myself and I do not feel we supported or promoted any of the bullying practices posted in gerard’s post, so we is not me!

Hedges as an author of great standing known for his greatness by his followers and peanut gallery fan clubs. On many occasions Hedges has used the proverbial “we” in his articles.  One could say in numbers allegorist to hot dogs at a Yankees game. 

It seems “we”...... as used by gerard may have even eclipsed Hedges and thy froggy in Hedges pocket in only one post?

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By drs, April 11, 2010 at 5:22 am Link to this comment

gerard: surely you are correct to note the connection between personal bullying and the international bullying carried out virtually unnoticed by Americans.  We’ve been innoculated against noticing our own behavior.  We all individually have good intentions, therefore we can do no wrong except perhaps accidentally.  But maybe we are being trained at early ages for membership in this warrior culture, where the persecution of children (and adults, as others have pointed out) is but a microcosm of the larger form of bullying we in which we all participate as silent witnesses.

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By gerard, April 10, 2010 at 5:53 pm Link to this comment

Fancy this:  The U.S. calls an international moratorium on bullying.  “From this point on, we are pulling out of Afghanistan and Iraq, are withdrawing our fleet from all the oceans and closing all foreign bases.  We are ceasing our former policies of badgering weaker countries, forcing them to accept our way of doing business at their expense, and we promise not to invade any countries who do not have as many atomic weapons and hi-tech fighting machines as we. We encourage others to do likewise, and together we will move toward an era of peace, enlightenment and justice like the world has never seen. Yours truly, Uncle Sam.”

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By Aple, April 10, 2010 at 1:20 pm Link to this comment
(Unregistered commenter)

The parents of the bullies are the ones who should be prosecuted.  Bullies are not born, they are created. A good can of Whoop Ass goes a long way with a bully.  They turn into whimpering globs of goo when challenged. The problem is that no one ever challenges them, including their parents.

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Leefeller's avatar

By Leefeller, April 10, 2010 at 8:33 am Link to this comment

NAW’lins commented;

“Bullying is criminal behavior, period. If it was adults doing this to another, they would go to jail.”

Actually adults do this kind of behavior, though with a slight difference. Though I was unaware of it until recently, but it seems workplace bullying is commonplace and prevalent.

It seems managers or other workers bully for reasons of entertainment to substantiating power and fear of others competition, plus other small minded reasons.  It seems the only recourse for victims of workplace bullying is to quit and move on, sounds familiar?

So sending adult bullies to jail is not happening, FYI, there is a website which address’s workplace bullying.

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By Susan J., April 10, 2010 at 8:23 am Link to this comment
(Unregistered commenter)

I came up with a solution years ago…since bullies can be identified as early as 3rd
grade, and usually before 6th grade.  Schools must be required to refer bullies for
mandatory psychiatric evaluation and treatment through 12th grade.  Regardless
of treatment, bullies will have a lifelong diagnosis of congenital sociopathy and
must not be allowed to go to college or attain positions of power… period.  Bully
problem solved within 2 generations.

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By Nick, April 10, 2010 at 7:07 am Link to this comment
(Unregistered commenter)

Statutory rape and physical assault have been
criminal offences for a long time.  It’s not
something the authorities have decided to criminalize
only now.  All they’ve done is decide to enforce
criminal law that weren’t being enforced before.

Looking the other way, while underage kids commit
crimes against each other is something school
authorities and law enforcement official should be
ashamed of.  The human rights of kids are just as
important as those of adults.  And criminal law
should protect everyone equally, regardless of their
age.

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By KenG, April 9, 2010 at 10:20 pm Link to this comment
(Unregistered commenter)

My youngest daughter was bullied at age twelve and at age nineteen she
committed suicide. The bullying was in 1977 and her death was 1984 so there
was seven years of encouraging her to want to live which to speak the truth
sometimes doesn’t seem like living to me. The bullying destroyed her trust in
people. At that time it’s something that wasn’t understood. She wrote five
journals as to how she seen life and I have letters from her and her mother (ex-
wife) that I’ve put together which gave me a complete different view of this
subject.

For one thing I seen Bush’s name brought up in other posts and following the
news I’ve seen leaders of other countries say they wouldn’t be bullied. My
amazement is how easily others join in on the bullying and that goes for
elected leaders as well as others in school. I’m more of the mindset that the
bully isn’t really the problem but those that join in and enable the bully are the
problem. Usually the bully is nothing alone and gains strength from having
reinforcements. I think trying to fight bullying would only give it more
strength.

There was a time when I might’ve been for doing something about the bully
but parents really have the responsibility of raising their children to stand on
their own two feet so I’m more for teaching how to understand how to deal
with the bullying. To me expecting governments, schools, new laws and others
to do something just to protect our children only hurts them for when we aren’t
around to protect them. I am happy to see an awareness about this issue that’s
happening from this young girl’s suicide.

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anaman51's avatar

By anaman51, April 9, 2010 at 1:29 pm Link to this comment

It’s about time this behavior received some needed attention. It’s gone on too long and become too prevalent, and has ruined the lives of too many kids. School officials have looked the other way for far too long, claiming it’s not their responsibility or that it’s some sort of “rite of passage.” The tormentors feel they are above being punished for their behavior, and this prosecution will change that attitude.

Two things will be accomplished by this: One, the little pricks who did this to Phoebe Prince will be taken out of play. Two, with any luck, the worst of the bunch will be placed in an institution where they will find out exactly how much fun it is to be on the other end of the bullying. These arrogant little cretins need to find out that bullying has ramifications for everyone involved.

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By NAW'lins, April 9, 2010 at 12:59 pm Link to this comment
(Unregistered commenter)

Bullying is criminal behaviour, period. If it was adults doing this to another, they would go to jail. Assault and battery, strongarm robbery, etc. are CRIMES. For far too long (and I mean half a century at least)admins, and parents, have looked the other way. It was not until Columbine that anyone gave a shit at all.

Looking back at my school time, I am suprised there was not a Columbine every week. Perhaps the school was teaching the vast majority of kids to get used to being pushed around for the rest of their lives?

I still remember gangs and bullies roaming unchecked and growing more bold with each beating. Until, the rest of the kids finally got fed up and you had a full fledged riot. Then guess what? It was ALWAYS the victims that got punished. Nothing has changed.

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By drs, April 8, 2010 at 6:23 pm Link to this comment

As a bullying survivor, and one who contemplated suicide all through grade school, middle school, and part of high school to escape bullying classmates, I can only hope that someday assault on children will get its perpetrators the criminal treatment they deserve.  My childhood was a living hell, with constant torment ranging from ridicule to physical assault.  How would you like to experience the joy of the “whirlee,” where kids grab you in the bathroom and thrust you head first into the toilet, holding your face in the water while laughing?  How about constantly being told you’re stupid, ugly, etc., and DAILY being physically assaulted in school or on the way to or from school?  It’s a miracle I didn’t kill either myself or them.  I say THROW THE BOOK AT THE BASTARDS—PUT THEM IN JAIL.

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By Jim Yell, April 8, 2010 at 10:37 am Link to this comment
(Unregistered commenter)

I certainly believe that Bush/Cheney should be in jail for crimes, which if not prosecuting them for their gangsterism is part of this comentators credentials than I certainly can say I have serious doubts about her judgement. Still Saying that I have to acknowledge that I think she makes a valid point about turning bullying into a crime.

Yet I must also say that it is a matter of degree and some bullying is certainly criminal in intent and practice. People in authority have been given too much latitude in not intervening in bad behavior. They have been given too little responsibilty in stepping forward for fear of law suites and getting hurt themselves. Too much bad behavior is allowed in the hallways of todays schools.

In KC a girl who thought another girl was stealing her boyfriend, went to school with razor blades in her hair and proceeded to attack the other girl and sliced her pretty bad and what was in the paper “should two week suspension be considered too much punishment for the crime?”

When action is clearly bad and violates the rights of a person it shouldn’t take a specific law to intervene in a bad situation. Of course it needs to be measured as to degree and those committing the error need to be counseled about what they were doing and why it is bad and can not be allowed.

But, the question is very valid about a carte blanche law to make bullying of itself into a crime. Some of the process is an important chance to learn a skill in handling unkind things in general. Some people are so sensitive that even a mild critic of something will lead them into a response outside of any justification. People need to learn to deal with their casual embarressments on their own. Not to say that those in authority should look the other way, or be unresponsive to reponsibilities to protect each of their charges. It is best left to personal responsibility and judgement. Making bullying against the law and a crime will just further complicate.

Parents need to be on the front line to demand help and support for children who are excessively bullied, but the degree and methods must be worked out carefully in order not to make things worse, or punish outside the degree warrented.

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By Bruce Flitt, April 7, 2010 at 5:39 pm Link to this comment
(Unregistered commenter)

It must be stopped

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By yfic, April 7, 2010 at 1:45 pm Link to this comment
(Unregistered commenter)

Pack the South Hadley High Nine off to finish their educations somewhere they can see the consequences of unbridled sectarianism, wanton cruelty and bullying first-hand. Like, say, South Baghdad High.

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By marcus medler, April 7, 2010 at 12:31 pm Link to this comment

A school does not need a law to ban and have
zero tolerance for bulling—JUST THE WILL!

A law is a cop out by insensitive educators(often
bullies) to the incredible damage this behavior
causes the human spirit.

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By gerard, April 7, 2010 at 12:03 pm Link to this comment

“What are children who bully like?
“Children who bully are often physically strong. They may bully because they like the feeling of power. They may be kids who do things without thinking first and may not follow rules. These boys and girls have not learned to think about the feelings of other people.” (Online advice under “bullying”.)
  When I read this I couldn’t help realizing how “bullying” is also typical of adults in general, and of entire societies and countries. 
  The entire world, including primarily now the U.S.A., needs psychological guidance (or just plain old common sense?) and necessary restraints to stop one of the nastiest and most widespread of human behaviors. In a word, it is despicable for a large, powerful entity to “pick on” a small, powerless entity. Period.

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By Billy, April 7, 2010 at 11:32 am Link to this comment
(Unregistered commenter)

Think this misses the point.  I highly doubt the DA
expects any convictions out of this.  But nothing else
in the system seemed to work to a) prevent this, or b)
punish this.  So the DA is making a statement about how
seriously this should be taken.

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By Night-Gaunt, April 7, 2010 at 11:24 am Link to this comment

However where were the adults during all this? Seems to me criminal negligence fits them who are supposed to stop bullying not let it go as, ” a right of passage” kind-of-excuse. Would that be allowed in the adult world? No so they too need to bear a certain burden in this too. Why didn’t you mention them Ruth Marcus? Did it slip your mind? Could you please address it right here? We could use your feed back too on this.

I was fortunate, the bullies tended to stay away from me. I wasn’t violent but I was also sure in my stance, to not show fear. Also I started on my own tow work out in the weight room and did fill out with muscle. I think my Asperger‘s* probably frightened them more than that.

Muscular weight is heavier and carries more than the dead weight of fat. Remember that Sampson.

*I only suspect I have if from my reading and self analysis but it could very well have been a factor. I was never beaten up once.

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By Samson, April 7, 2010 at 10:39 am Link to this comment

Hulk ... if your old school bully is now both ‘chubby’ and a hundred pounds lighter than you, then you need to lose some weight.

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By colinday, April 7, 2010 at 9:12 am Link to this comment

The statutory rape charges are especially troubling, assuming the sex
was consensual.

Isn’t the whole point of statutory-rape legislation the view that the victim is
too young to truly consent?

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By Hulk2008, April 7, 2010 at 8:07 am Link to this comment

For parents it is both frustrating and grief-striking to know that one’s child is supposed to be in a completely safe environment and yet be subjected to all kinds of physical and psychological abuse over longs spans of time.  As the article mentioned, we have all been bullied from time to time - and some have even been bullies.  In my own case, my family moved frequently due to our father’s career; so my sister and I were perennial “new kids”; new kids get bullied as some puerile rite of passage.  We were fortunate that the bullying was not abusive enough to cause serious harm; but it was often difficult to go to school anticipating fights and so forth. 
    Ironically, I recently met one of my former childhood bullies at a school awards session; I had not seen the person in nearly 50 years.  I was ecstatic to see that the former unholy terror was a full foot shorter and a hundred pounds lighter than I, not to mention balding and chubby.  I believe my ear-to-ear grin gave away my emotions when I re-introduced myself and shook hands. 
    As a parent, my youngest, despite being physically disabled himself, was brutalized daily by a child whose parents refused to administer discipline or physician-recommended medication.  We met with teachers about the abuse and were reassured that our son would be protected; the teachers admitted the bully was “504’d” on the basis of severe mental problems.  A week after our teacher meeting, the bully slammed our son to the pavement and broke his upper leg.  Two major surgeries were required to get our son going again - not to mention costly counseling and daily bouts of begging to get him to return to school.  The school principal and “involved” teachers denied our meeting had ever taken place; no punishment of any kind was meted out; the principal, in fact, kept the bully away from other students during a couple of recesses so that other kids would not verbally or physically retaliate.  Our only recourse was to move our child to a parochial school .... and sue the parents and the former school.  We spent months trying to find an attorney who would take the case against a public school.  After five years, the school covered our court costs but rejected all claims for insurance.  The parents’ homeowners insurance, after years of negotiating, offered $10K - an amount that could not cover the first day in the hospital.  As it turns out, in our State, by law a child is worth less than property.  We did drop our auto insurance since it came from the same company that insured the bully’s home - a small gesture at best.
  P.S.  So much for tort reform that the conservatives constantly clamor for - caps are already built in.

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By George, April 7, 2010 at 7:59 am Link to this comment
(Unregistered commenter)

re bullying: “I’m doubtful, though, that criminal prosecution is the best way to punish or prevent it.”

No surprise there Ms Marcus. After all you have argued that the Bushies who have committed torture should not be held accountable by the law and prosecuted for their crimes. Not only the wingnuts but the Obama administration agrees with you. This is what passes for liberalism these days.

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