Showing posts with label teacher. Show all posts
Showing posts with label teacher. Show all posts

Wednesday, March 4, 2015

Are Teachers Police?

If teachers are to be seen to possess the same law enforcement duties of police, does that mean that teachers must now take an oath of office to uphold the constitution?

Does this mean teachers will be granted immunity in the event of improper reporting?

Can a teacher testify against an alleged perpetrator of child abuse when the child who allegedly accused an individual is too young to testify in court?

Is that third party heresay or does the teacher possess powers of omnipotence?

Is there an evidentary standard for third party heresay or is it one of those "best to err on the side of the child" thing?

Yes, on the word of a 3 year old, one can be arrested.

Yes, it is assumed the teacher has the innate ability to interpret and understand the words of a child, without any investigation or evidence.

The burden upon teachers as a mandated reporter of child abuse and neglect is punishable by fine and/or imprisonment, based on the words of a 3 year old.

The worst part is the individual who the teach now accuses of child abuse is placed on a central registry for life.

In Michigan people are placed on the central registry without notification, charges, trial, etc.

There is no parallel jurisprudence in child welfare because it is a multi-billion dollar industry.
The U.S. Supreme Court on Monday waded with trepidation into the subject of educators' interactions with students about possible abuse at home, and whether a child's statement to a teacher may be used in a criminal case without the accused having a chance to cross-examine the child.
"Ohio's teachers, I think, are horrified to learn that the Supreme Court of Ohio [views] them no [differently] than cops when they're talking to the children in their classrooms," Matthew E. Meyer, an assistant prosecuting attorney in Cleveland, told the justices in a case in which Ohio is appealing a ruling by its highest court that the state's mandatory-reporting duty for teachers to report child abuse turns them into agents of law enforcement.
But Jeffrey L. Fisher, a Stanford University law professor who is representing a man convicted of child-abuse charges based largely on a 3-year-old victim's statements to two of his day-care teachers, said he was not asking for a rule that would bar prosecutors from using the testimony of young victims of abuse.
"All we are asking for is that a state not to be allowed to have it both ways, introducing such evidence while at the same time prohibiting the defense from any form of confrontation whatsoever," Fisher said during the March 2 arguments in Ohio v. Clark (Case No. 13-1352).
Fisher argues that the state's use of statements to the teachers by the 3-year-old child identified as L.P. violated the Sixth Amendment right of the defendant, Darius Clark, to confront the witnesses against him. 
L.P. arrived at his Head Start center one day in 2010 with a bloodstained eye. Two teachers at the center questioned the boy about "who did this to you?" and whether it was "someone big or little" before L.P. identified "Dee," in reference to Clark, who was his mother's boyfriend.
The teachers, Ramona Whitley and Debra Jones, contacted Ohio's child-welfare agency, which began an investigation that led to charges against Clark of felony assault and endangering children.
At Clark's trial, L.P. was held to be too unreliable a witness, based on his testimony at a pretrial hearing and the state's high bar for allowing children to testify at all. So prosecutors relied on the boy's identification of Clark in the statements to his teachers.
The Ohio Supreme Court last year affirmed a midlevel appeals court's decision to throw out the conviction because Clark's confrontation-clause rights were violated since his lawyers could not cross-examine the child. The state high court went on to hold that the mandatory duty on teacher to report child abuse effectively made them agents of law enforcement because the state expected them to help identify the perpetrators of abuse.
The state high court ruling was alarming to education groups, and the National Education Association, the American Federation of Teachers and the National School Boards Association (and its Ohio affiliate) filed a friend-of-the-court brief urging the U.S. Supreme Court to reject that intepretation. (See my Education Week story previewing the case.)
The 'Routine Role' of Teachers
Meyer, arguing on behalf of Ohio, told the justices that "Ohio law does not impose upon any mandatory reporter a duty to investigate" suspected abuse.
The state had an ally in President Barack Obama's administration, with the U.S. solicitor general's office also arguing that the Ohio supreme court erred in finding that a mandatory-reporting duty turned teachers into the equivalent of the police.
"Teachers aren't in the business of prosecution," Ilana Eisenstein, an assistant to the U.S. solicitor general, told the justices in court. "They're not in the business of collecting evidence, and as such, this court can generally presume that when they inquire of their students as to how they got hurt, they are asking out of a concern for welfare, safety, and out of their normal, routine role, not as a means of collecting evidence."
Justice Elena Kagan asked her whether the context might be different if the student was a 13-year-old instead of a preschooler and the teacher informed the student of her mandatory-reporting duty to the point where "it's pretty clear to both the teacher and the student that at the back of that conversation, is the presence of police."
Eisenstein said that could be different under the Supreme Court's confrontation-clause jurisprudence, which involves whether an out-of-court statement sought to be used by prosecutors is "testimonial" in nature.
Chief Justice John G. Roberts Jr. suggested that when a teacher goes from asking, "Who did this to you?" and determining that person is not an immediate threat, to "Has he done this before?", that a line has been crossed.
"It's not related to the immediate concerns or immediate safety but seems to be designed to compile a case," he told Eisenstein.
Justice Ruth Bader Ginsburg, stressed to Fisher, the defendant's lawyer, that the first reaction of a teacher to signs of abuse is to "get that child out of harm's way."
"So the teacher, I would think, is not thinking about prosecution down the road," Ginsburg said, but rather, "'What can I do to assure the safety of this child right now?'"
Fisher pointed to advice the state of Ohio gives to teachers in a guide on the mandatory duty to report, which includes "information which might be helpful establishing the cause of the abuse" and "the identity of the perpetrator," as the guide puts it. 
"So [the teacher] is gathering evidence," Fisher said. "That's what she's told to do."
"We don't dispute that a teacher has a protective purpose, partly, in mind," Fisher added. "And I think it's absolutely natural that the teacher would. But the problem is, and our position is, that is inextricably intertwined with criminal prosecution as well."
Fisher told the justices that the state of Texas has the rule that Ohio is effectively seeking in this case, which is a special child hearsay statute that allows only the first person to whom a child discloses abuse to repeat that extrajudicial accusation in court. The Texas attorney general's office has advised teachers that they "may have an especially important role to play in subsequent legal proceedings," as a 2005 document from the office puts it. The document also advises teachers that "important testimony could be lost" if they pass the child off to another person, because of the "first person" hearsay rule, Fisher's merits brief pointed out.
"So you have already a system set up for prosecution by out-of-court ... accusation," Fisher told the justices in court. "And that is exactly what the confrontation clause is designed to prohibit."
A decision in the case is expected by late June.
Voting is beautiful, be beautiful ~ vote.©

Friday, October 22, 2010

Prosecutor Proposes Jailing Parents As Commissioners Ask For More Jails


Prosecutor proposes jail time for parents who miss teacher conferences


New York (CNN) -- A county prosecutor in Michigan is proposing a law that could punish parents with jail time for repeatedly missing their children's parent-teacher conferences.

Wayne County Prosecutor Kym Worthy introduced a proposal Tuesday at a Detroit City Council meeting that would require a parent to attend at least one parent-teacher conference a year or face up to three days in jail, according Maria Miller, Worthy's press secretary.

The proposal, which Worthy has also sent to the state legislature and the Wayne County Commission, would exempt parents whose children are performing exceptionally well or who are actively engaged with their children's teachers. Parents who are unable to travel for health reasons also would be exempt.

So far the proposal has met with mixed responses.

Detroit Council President Pro Tem Gary Brown applauded Worthy's idea, saying he would support legislation.

"It's child abuse when your child is failing in school and you're not involved, because you are strapping that child to a life of poverty," Brown told CNN.

He noted, however, that jailing parents for missing school meetings might not be practical and suggested altering the punishment. "If it's not jail maybe it's something else, but we've got to do something to get the parents' attention," he said.

Daniel Lessard, a member of the Livonia Public Schools board, said that he agrees with the need to get parents involved, but called the idea "the dumbest thing I've ever heard."

"You can't legislate parental involvement. I think this proposal is purely political and a real neat way to get your name in the paper," Lessard said.

Wayne County Commissioner Laura Cox, R-Livonia, blasted the proposal because she feels that Worthy has bigger problems she needs to deal with first. "Kym Worthy has a record of complaining that her office doesn't have enough funding to prosecute violent crimes, and now she wants to put parents in jail. It's despicable," Cox said.

According to the proposed ordinance, teachers would work to accommodate parents' schedules by setting up conferences at any time during the day. Additionally, any parent convicted under the law would have their sentences delayed to give them another chance to attend a meeting. If they do, the charges would be dropped.

At present there is no legislation pending in the state House, County Commission or City Council.

Kym Worthy was not available for comment Thursday.

Wayne County commissioners to vote on $700M bond for new jail, court
Darren A. Nichols / The Detroit News
Detroit —Wayne County officials may spend $700 million for a new jail and court facilities, a plan some are questioning amid the rough economy.

The County Commission is set to vote today on a 30-year bond for a $300 million jail. A formal, final vote is Nov. 4. Some commissioners want to issue another $400 million in bonds to consolidate all of Wayne County's courts.