A Stitch in Haste

lost enforcement = when law enforcement, politicians or bureaucrats, when unsure of what the law is, choose to err on the side of arrest, threatening to arrest, confiscation of property or otherwise improperly infringing on individual liberties, often under the guise of "act now and let the courts figure it out later"

Potential felons?

Two boys were arrested for making pencil-and-crayon stick figure drawings depicting a 10-year-old classmate being stabbed and hung, police said. The children, charged with a felony, were taken from school in handcuffs.

The 9- and 10-year-old boys were arrested Monday and charged with making a written threat to kill or harm another person. They were also suspended from school.

One drawing showed the two boys standing on either side of the other boy and "holding knives pointed through" his body, according to a police report. The figures were identified by written names or initials.

Another drawing showed a stick figure hanging, tears falling from his eyes, with two other stick figures standing below him. Other pieces of scrap paper listed misspelled profanities and the initials of the boy who was allegedly threatened.

The boys' parents said they thought the children should be punished by the school and families, not the legal system.

I think the Supreme Court would agree:

First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years.

And that was 36 years ago!

Note that the story does not say that they boys actually gave the crayon drawings to the intended "victim." If not, then no crime occurred, but even if so -- a felony? For 9- and 10-year olds?

No way.

UPDATE: Pictures here. Local news fleshes out the story somewhat (e.g., it was a special education class), including this ominous quote:

Ocala police said they stand behind the decision to arrest the children. "When an adult or even myself look at the picture looked at it at first I was thinking there is really not much to the picture or I would not be that scared by the picture those children drew," Ocala police spokesman Russ Kearn said. "However, we have to put ourselves in his mind and that's the bottom line here. It is his well-being and the way he perceived that picture to be. It actually put him in extreme fear and he was in fear for his life."

Um, no, that is most definite not what the police have to do -- that's what the prosecutor has to do, after the fact. The police only have to investigate and report, and then make an arrest after the prosecutor decides whether to pursue the case.

And even so -- handcuffs?

I smell a 42 USC 1983 lawsuit. I smell lots of them.

UPDATE: The felony charges have been dropped; the boys will undergo anti-violence and anti-bullying indoctrination counseling. No word on counseling for being dragged out of school in handcuffs.

Recent "Lost Enforcement" Posts:
"Lost Enforcement": A Tale of Two Travesties
"Lost Enforcement": Gay Couple Told Kissing "Illegal" in Texas
"Lost Enforcement": Dallas Cowboy Gear Banned from Polls
"Lost Enforcement": Preventing Students from Voting
"Lost Enforcement": Arrested for a Bookmark