tag:blogger.com,1999:blog-5037190876571380696.post3296022102834976824..comments2023-11-25T03:11:51.759-06:00Comments on On Today's Page: New thought on Jessica Serafin case: old enough to drop out, old enough to vacate premisesDenis Drewhttp://www.blogger.com/profile/11833367196756465896noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5037190876571380696.post-28310515288208700082014-06-17T17:09:53.280-05:002014-06-17T17:09:53.280-05:00There are two arguments to make in Jessica's f...There are two arguments to make in Jessica's favor, which the court declined. First, her lawyer was right to allege that adults have a higher degree due process rights than younger children because she has the option to leave the school. The court's decision was that she had not exercized that option previously. However, in fact she still had that option, and as such this means that she should get greater protection whether she exercized that right or not. <br /><br />Secondly, Ingraham v Wright left open whether the Court could protect students as a substantive right from extreme cases of beatings. Naturally they do, because it would be cruel and unusual infliction of punishment by the state. <br /><br />The courts however are not interested in revising these precedents. Typically they are older judges from a time when beatings were more common and the "spirit" of court precedents are to allow beatings, even if an inspired judge could use the law to outlaw them.<br /><br />Even though schools are designed to take the place of the parent and she was an adult, the court may still claim that she was part of a system designed for minors. Now I believe that she could argue for an exemption from such a system based on being an adult, but my guess is that the case law will be mixed on this point.<br /><br />The judges also don't distinguish between beating students and sending them to detention as far as their rights are concerned. So within their psychology of brutality, her request is like her asking to avoid detention because she is an adult. <br /><br />However even with this mentality that beating students is like detention, the law should still outlaw cases of abuse. Texas laws have made teacher immunity statutes protecting teachers, not students, when they abuse students.<br /><br />================================<br /><br />Now in reality what happened is that a female adult was brutally beaten against her will by three strong men in a private area of her body, causing bleeding. <br /><br />Really her only option is whether to kick the people who will beat her, throw things at them or try to hit them with objects in the office, and scream constantly that she is an adult. She would have to treat the situation as if she were being abused in an office someplace else. She may end up being beaten much worse, but I believe that it is worth it. Also, she may end up going to jail for fighting her abusers, and in Texas jail she may experience rape and further beatings. But it is also worth the risk to fight back, I believe.<br /><br />The world is a brutal place, although it can be a kind place too.Halnoreply@blogger.com