Should bullies get three months in jail?

by Lenore Skenazy

It's hard to think of anyone in favor of bullying, but this seems truly overboard: A proposal in Australia to prosecute kids as young as age 10 for bullying. According to The Daily Telegraph:

CHILDREN as young as 10 could be criminally charged as part of a radical proposal to overhaul Australia’s approach to bullying.

A symposium organised by the National Centre Against Bullying and the Australian Federal Police will next week consider how laws should be strengthened to fight bullying and cyberbullying.

It’s hoped that as a result of its recommendations, Australia will become the first country in the world to have unified national laws to address bullying.
NCAB chairman Alastair Nicholson, the former Chief Justice of the Family Court of Australia, said the law does not define bullying, cyberbullying or clarify the legal duty of schools, teachers, parents and carers.

He said a summary offence for bullying with a maximum penalty of three months jail would help educate people and act as a deterrent to offenders.
“I think there is a real need to examine the way the law operates, if only so that people know where they stand,” he said.
But bullying shouldn't be handled by the police and courts unless it involves things the police usually deal with, like actual crimes, not just rotten behavior.

The "school to prison pipeline" is already getting clogged with merely disobedient kids now trailing rap sheets, thanks to more and more police, not principals, mediating school scuffles. And besides, says Susan Porter, author of Bully Nation: Why America's Approach to Childhood Aggression is Bad for Everyone: "Laws, by definition, are intended to deal with situations in a uniform way. If there’s one thing we know for sure about children is that they are not uniform, nor do they respond in uniform ways to consequences."

Kids develop in different ways at different times, and even swing between being bullied and being the bullies. Defining them as one or the other isn't the job of the cops unless the kids are breaking a law. (And a real law, at that. Not a "Zero Tolerance" edict issued by some bureaucrat who sees bullying in every schoolyard scuffle.)

As for three months in jail? THREE MONTHS? "These laws are at best misguided," says Porter. "At worst they will hurt the very people we are trying to protect and educate: children."

Draconian laws don't make kids safer. They just make lawmakers look like bullies, eager to pounce on defenseless kids.

Lenore Skenazy is a public speaker and the author of the book and blog “Free-Range Kids,” which launched the anti-helicopter parenting movement. She’s going to be posting here from time to time on issues of interest to Common Good supporters. As Lenore puts it, she’s ready to make “America the Home of the Brave again, not the Home of the Bureaucrats So Stupid that a Hazmat Crew Gets Called to a High School When a Student Brings in a Mercury Thermometer. (Which really happened a few months back, in Florida.)” And here’s her outrage of the week. Chime in!