hypothetically speaking if a child in elementary school that has a history of violence and assault towards other students and teachers and it ….

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hypothetically speaking if a child in elementary school that has a history of violence and assault towards other students and teachers and it ….

escallates to severe violence resulting in a death of a student. who is held responsible.. the violent childs parent, the school board. no one. keep in mind the violent child does have an iep and according to the idea laws has a right to a public education.. what will happen to that child will he go to prison indefinately, or a certain time frame? will he get the death penalty? what can the parent of the child that was killed recover, and from whom? if the violent child is given the death penalty, can the survivors of that child recieve compensation for wrongful death if child is mental hc.?

Asked on April 17, 2009 under Accident Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Wow, big hypothetical. No one can answer your question with certainty. Much of it will be up to the court -- how the child is charged (as an adult or child), how old the child is, how much the child will get in terms of sentencing (none, mental hospital, juvenile jail or jail), whether or not others were contributorily negligent, if the state recognizes liability by others in terms of the tort action for any wrongful death suit, whether or not the state/county/district could be held liable if no precautionary measures were taken, etc. 

What kind of death of a student? Was it pre-meditated? Was it an accident? Was the death a result of violent force? There are multiple degrees of violence and death as a result thereof.  Here are some laws to look at:

1. 958.021  Legislative intent.--The purpose of this chapter is to improve the chances of correction and successful return to the community of youthful offenders sentenced to imprisonment by providing them with enhanced vocational, educational, counseling, or public service opportunities and by preventing their association with older and more experienced criminals during the terms of their confinement. It is the further purpose of this chapter to encourage citizen volunteers from the community to contribute time, skills, and maturity toward helping youthful offenders successfully reintegrate into the community and to require youthful offenders to participate in substance abuse and other types of counseling and programs at each youthful offender institution. It is the further intent of the Legislature to provide an additional sentencing alternative to be used in the discretion of the court when dealing with offenders who have demonstrated that they can no longer be handled safely as juveniles and who require more substantial limitations upon their liberty to ensure the protection of society.

2. www.campaign4youthjustice.org/Downloads/laws/FL_Law.doc

3. http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0985/PART11.HTM


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