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School Safety and the Law

NCJ Number
123130
Journal
School Safety Dated: (Spring 1985) Pages: 4-8
Author(s)
S Mosk
Date Published
1985
Length
5 pages
Annotation
This analysis of the changing definitions of the rights of juveniles argues that school officials should have the same authority over students on school grounds during school hours that their parents have in the home.
Abstract
The informal and cooperative juvenile proceedings that took place many years ago have changed starting with the United States Supreme Court's decision in In Re Gault, which declared that juveniles had many of the constitutional procedural protections given to adult criminal defendants. As a result, today's juvenile proceedings differ only slightly from adult criminal trials. However, many juveniles' legal problems relate to schools and school safety and involve searches of some kind. Thus, the issue is usually whether the Fourth Amendment of the Constitution applies and whether it has been violated. Opinions include the view that school children have the same Constitutional protections as adults and the view that juveniles have rights and must not be abused, but they are subject to supervision, direction, and controls in the schools and on school grounds. Adopting the latter view would give teachers and principals the support they need to preserve order in the classrooms and school grounds. In addition, the public needs education regarding the importance of school safety.