An 18 year old South Carolina high school senior is facing serious charges for plotting a “Columbine III” assault on his high school. Authorities alleged he had planned a suicide assault with a homemade bomb and wanted a high body count. How was the plot stopped? His parents called the police.
The parents made the decision to call law enforcement when a delivery of amonium nitrate-a key element in bomb making- was delivered to their home. That package coupled with alleged descriptive diaries and a video message revealed that someone who was considered to be a “good student” and college bound was about to create mayhem.
His parents did what had to be hard. Yes, calling the police would mean their child would be arrested—-but arrested for planning an attack, not the results of an attack—which assuredly could be murder.
In addition to being a reminder to you, that someone in your class could be more troubled than just “weird” and that you should not give them a hard time or ignore them—it also brings up a legal fact. No legal priviledge exists between parent and child. “Legal priviledge” means that things you say or do in front of your parents are not protected from the law like it is between a husband and wife. Also, nothing in the law says your parents cannot call the police. It is not “your room” or “your stuff” that your parents cannot consent to a search. If you live with your parents and they own the house, they call the shots and decide to give access to your room to the police or give them your personal items.
By telling this I don’t mean to imply your should not trust your parents. If you are having a problem, angry, addicted to alcohol or drugs you should go to them. Those are the people who can help you before it turns in to a legal matter and try and help you stop before the mistakes go too far.
legally yours
bj
Posted on celeb gossip site are so-called racey pics of Mylie Cyrus—a/k/a Hannah Montanna. The pics show undies and another a bra—–not something that will get you on illegal child porn charges….but a reminder of the topic if you take a pic and email it or post it anywhere to anyone it can show up on the web!!!!!
Most states make pictures of the “intimate parts” of a “child under 18″ as grounds for a criminal charge of sexual exploitation or child pornography charge. Also, a photo of someone under 18 in a sex act as grounds for prosecution.
These latest pics, if real, are really a public service announcement to you. Whatever you put in a picture or video can end of up in hands of someone you never expected!!!!
Stop and think before you allow a click!
legally yours
bj
I almost lost my voice at Ms. Blackstock’s classes in Winder at the great Apalachee High School! Your intensity, honesty and bluntness was welcomed and appreciated and I hope it spreads. The conversation in your classroom is a conversation that needs to begin in every classroom as to how and why your life is intersecting with the court system. Clearly we only got started, and because of your great teacher I trust it is going to continue.
I want the world to know via this blog post about your wide eyed candor and concern. I think one of your pain points is the hypocrisy that you see—the adult world can do one thing and I can’t do it. You are confused about being able to go off to war at 18, but not able to drink a beer. You are confused about why you are treated by the law as a child but if you make a mistake you can be tried as an adult—-pointing to the “girl fight” recently blasted on the national airwaves. You also were concerned about the mathematical formulas to figure out whether you can or can’t engage in sexual activity legally.
Thank you for being so open and I truly wish for you no dealings with a lawyer except to buy your first house!
legally yours
bj
The recent beatdown captured on videotape continues to be a hot topic in the press and among parental types as to how this mayhem could have started in the first place. I want to address another part of the case and that’s the allegation that the victim said some nasty things which led to the beatdown. As I said in the last blog post that violence is never, never a defense or allowed in response to nasty, slanderous trash talk.
That being said, trash talk is a problem in and of itself that has got to be addressed. Years ago it really took being someone famous or well known in the community to take serious cruel words and to broadcast them to the world. The internet via my space, facebook and personal blogs has changed that forever. Any “joe” or “jane” can give out their thoughts to the world—like “bj” does here. The truth is someone’s reputation can be ruined by trash talk. Word spreads quickly at school or a college campus when you label someone in a cruel way. Calling someone a bitch or a hoar or a jack a or whatever you come up with can ruin them personally. Talking about someones sexual partners, sexual habits, drug issues or whatever crap you want to say can demolish their self-esteem and end their ability to impress the world on their own rather than you labeling them. At its worst, it can send someone over the edge mentally to the point of committing suicide.
The reality is that you are not going to be able to stop this type harrassment by suing someone. Besides the legal hurdles, I don’t think you have the dough to hire a lawyer to do it. So, I was trying to think of some sort of alternative—a way to balance and deter the hurtful trashtalk which too often leads to strong feelings and violence.
Perhaps Student Government ssociations can take on the task of student mediation for just such problems. When you feel such intense hatred or disdain for someone and express it, maybe, just maybe in an appropriate setting like many of the “real” world community mediation centers would be a way to air grievances before they explode into violence. Schools are stressed for dollars and you don’t really want the government necessarily to intervene, so let’s think of creative ways to solve this problem ourselves.
what ya think?
legally yours
bj
OK-Think back to age 5: “Sticks and Stones may break my bones, but words will never hurt me.” Now, accellerate that lesson forward: ” Trash Talk may piss me off, but words do not allow me to beat down someone.”
The NBC Today show this morning aired a video of a bunch of girls beating up another girl because she supposedly trash talked about them. Now all the girls and the two boys standing out of the house where the beating occurred have been arrested.
No matter what someone says about you it does not in any way allow you to resort to violence. It is not a defense to say someone said something bad about you to them or anyone else. Even if their facebook or myspace page say the worst about you gotta go back to the lessons of childhood and take it-period.
One other point about this video is since it appears only 2 girls did the actual hitting, if anyone else was involved in luring the girl there or planned in any way the beat down—your guilty too. Word to the wise–talk your angry friend out of it or stay away. Even more appropriate is tell someone before it starts. Your lame brain friends may have your mugshot smeared all over national television.
To make it worse, the defendants allegedly thought that at worst they would be arrested an not make it to chearleading camp or the beach for spring break—-well with that news you can be sure the Judge and DA will seek even harsher punishment.
Scream and yell or just plain get over it. Otherwise you in the end become the jack a with a criminal record to boot.
legally yours
bj
3rd graders and crime? Possible? In Georgia, police have disclosed an alleged plot by 8 and 9 year olds to attack their 3rd grade teacher by hitting her over the head with a crystal paperweight, tying her up and handcuffing her. School officials confiscated some toy cuffs, a knife, and other materials to carry out this plot.
Now in Georgia, as in most states 8 or 9 is too young to be charged with a “crime” but it is not too young to require the child to go to juvenile court. Juvenile offenses are technically not “crimes” although they feel that way if you are hauled off to juvenile detention and go before a judge. Juvenile court in Georgia focuses on an “adjudication of delinquency” which is sealed so that you have “no record” when you are an adult.
So, legal lessons and issues because if you are reading this you are probably a little older than 8. In many states, age alone with not “save” you from legal consequences. It may not be technically a “crime” when you a juvenile, but the process can feel like it and affect your life from a type of probation to detention.
The other concern is what happens in a group. Most likely with these little kids—one or two people have an idea—discuss it with others and the group mentality to go forward with a “project” takes over. It’s not unique to 3rd graders. You know how it can start-one person has an idea…..to break into a house, destroy a mailbox, sneak out at night for a party….and then the group action to make this happen gets larger and larger to more serious trouble. Trouble which not only might present you before a juvenile court, but could lead to the type of crime that gets juveniles tried as adults.
Child’s play at any age can have dangerous consequences. Think about it.
legally yours
bj
The red solo type cup—-oftentimes filled with beer can be filled with other beverages. In Wisconsin some teens had the cups at a “root beer kegger” and the police allegedly gave breathalizer tests to about 90 party goers. They passed because no beer was around. The teens supposedly had staged this party in protest of some friends arrested for under age alcohol consumption who were drinking from the cup of choice and they thought it unfair.
These protesters, however, had not quite studied the law on this one. It’s not the cup alone that would give probable cause, but rather the law allows the police officer to look at the”totality of the circumstances”. In plain english that would mean looking at everything going on—not just the cup. For instance the place where it is going on, the age of the people drinking the cup, how the “drinkers” were acting, time of day and in this case apparently that the roadways around the house was backed up with cars trying to go to the party. The police thus might have probable cause for looking for noise violations, unruly house or the traffic problem and then from investigating that issue they could look for underage drinking. Add to that evidence the reality that many, many times this much purchased cup is commonly filled with beer at football tailgate parties, keggers and backyard bbqs and it adds to the legal inquiry that is may be reasonable to believe that cup isn’t filled with soda.
So it’s not necessarily the cup alone, but the entire situation, and you peak the police interest. Also looking at it from the police side, if it was beer, and someone in those cars killed someone on the way home—shouldn’t they investigate?
Best Bet to Start—Buy a Clear Solo Cup and really stick to soda—no additives!
legally yours
bj
Many times when we watch a crime story in the news we are looking to see “did he get away with it.” Absolutely everyone has the right to be presumed innocent before trial. I wouldn’t be a good defense attorney if I did not believe that. I also know from the years in the biz that not everyone is innocent and that some of the truest, best folks at their core have to take the painful step to admit it in public. That’s tough, and when you are in the public eye, that can be the toughest of all. T.I. proved who he is and where he is going by entering his guilty plea in court to federal firearms charges.
His sentence requires 1000 hours of community service in the next year followed by some prison time—a year and a day. His celebrity did not buy complete freedom. His manhood in stepping up to the truth, admitting it in court and then seeking to work and talk to you about what happened is not only a landmark in his life, but I hope will be for you as well.
T.I will spend his year talking directly to you about the law-drugs, gangs, guns and the real deal. He also will be reminding you about the balance needed to respect law enforcement. I am looking forward to his s opening a new door of real talk with you—life at times is tough, rough and coping is not easy. Sometimes where we run to for protection from pain—alcohol, drugs, weapons-puts us further in harms way.
Thanks in advance T.I.—may your words be as powerful as your lyrics.
legally yours
bj
The news called them the “Barbie Bandits”—two cute girls wearing sunglasses passing a note at a bank to give them money. The photo of them at the bank smiling, giggling and handing over their demand note was all over the tube. They had more play than anyone on “America’s Most Wanted.” But in the end, the sunglasses did not shield them from serious problems in court. They did not have a gun or a bomb, just a note. The two girls knew actually knew someone who worked at the bank who “masterminded” this scheme for money. Turned out the “mastermind” received 10 years in prison, one “barbie” was sentenced to two years in prison and the other felony probation.
This case serves to remind you that stupid ideas involving theft—EVEN IF YOU DON”T HAVE A GUN—is armed robbery. The law sets in it’s severe sanctions just on pretending that you have one!!!!! So what you might view as a silly prank, the person receiving the threat does not mean the police or courts think of it as just a joke.
You can pose in your shades all you want on your myspace site—-but stay away from thinking they are a disguise for crime!
legally yours
bj
Ok, delay your Friday night plans tonight or at least set the TIVO to ABC’s 20/20 at 10pm est and watch the special on “Age of Consent.” John Stossel is hosting a look at Age of Consent laws around the U.S. and the World.
I think loyal My5th readers will see what we’ve been talking about. The law is different from state to state and you too can be caught in a legal nightmare!
For more go to: http://abcnews.go.com/2020
legally yours,
bj
