12-year-old arrested for drawing chalk swastikas Watch

the bear
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#21
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a year in Juvenile Hall will set him back on the path of righteousness.
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Dandaman1
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#22
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(Original post by Captain Haddock)
"The severity of a vandalism charge such as juvenile graffiti depends upon the criminal history of the offender and the amount of property damage. Typically, vandalism charges have a threshold of $400, which determines whether the penalties will be misdemeanor or felony charges. When property damage exceeds $400, prosecutors may pursue felony charges. There are exceptions to this rule. Other misdemeanor charges may become felony charges when gang involvement played a role, when the offender has a criminal record or when the vandalism has hate crime implications. A vandalism felony may be considered as a strike under California’s Three Strikes Law."
https://formerdistrictattorneys.com/graffiti-charge/

"In some situations, graffiti will be charged as a felony offense. This typically applies if the graffiti or vandalism is committed as a hate crime against a person or group of people due to their race, religion, national origin, sexual orientation or disability."
http://www.martinezlawhouston.com/Cr..._Graffiti.aspx
Why are you quoting law at me as though I'm disputing the legality of this? Obviously the police found grounds to arrest and charge him. Duh. What I'm disputing is the ethics of the police taking it this far.

But again, it wasn't vandalism. So what you're quoting doesn't even apply here.
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Dandaman1
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#23
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Captain Haddock

I'm also not saying this kid is special. I'm certain police have slapped felony charges on children over similar things before. But I saw this story in the news, thought it was overkill, and decided to share and comment.

Plus, as you have just alluded to, similar things happening before doesn't automatically make it OK.
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Captain Haddock
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(Original post by Dandaman1)
Why are you quoting law at me as though I'm disputing the legality of this? Obviously the police found grounds to arrest and charge him. Duh. What I'm disputing is the ethics of the police taking it this far.

But again, it wasn't vandalism. So what you're quoting doesn't even apply here.
Since when is graffiti not vandalism? Whatever, it doesn't matter. Of all the excesses of the US criminal justice system it's some little Nazi punk that brings out the activist in you?
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Dandaman1
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#25
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(Original post by Captain Haddock)
Since when is graffiti not vandalism? Whatever, it doesn't matter. Of all the excesses of the US criminal justice system it's some little Nazi punk that brings out the activist in you?
Chalk on a public playground isn't vandalism. It's perfectly legal, and obviously not what they charged him with (as they couldn't even if they wanted to).

I happened to see this story in the news and decided to share it because it seemed ridiculous to me. If I happen to see another ridiculous-looking story, I'll share that too. Regardless, 'hate crimes' and offensive speech are topical right now.
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StriderHort
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(Original post by Captain Haddock)
Non-story. Felony vandalism charges for juveniles are not uncommon in the States, especially when it's a hate crime. This probably happens everyday to poor black kids putting up gang tags. What's so special about this little dipshit?
That was my thinking as well, pretty sure the US views it a bit differently to us given their v strong white supremacist gang vibe, it's the sort of thing I can see them making an auto-felony that I don;t think the police have a say in?
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Decahedron
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(Original post by Captain Haddock)
Since when is graffiti not vandalism? Whatever, it doesn't matter. Of all the excesses of the US criminal justice system it's some little Nazi punk that brings out the activist in you?
Would you seriously argue that children's chalk drawing should be considered vandalism?

Shall we round up primary school kids now or later for their vile acts of graffiti?
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Captain Haddock
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(Original post by Dandaman1)
Chalk on a public playground isn't vandalism. It's perfectly legal, and obviously not what they charged him with (as they couldn't even if they wanted to).

I happened to see this story in the news and decided to share it because it seemed ridiculous to me. If I happen to see another ridiculous-looking story, I'll share that too. Regardless, 'hate crimes' and offensive speech are topical right now.
This is a little bit different to a kid sketching a hopscotch grid on the ground. It quite clearly goes beyond what would be considered acceptable use of chalk. Even if he can't technically be charged with vandalism I imagine most people would be pretty content to describe it as such and wouldn't see too much amiss with treating the case with a similar severity to 'actual' cases of vandalism.
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StriderHort
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#29
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(Original post by Decahedron)
Would you seriously argue that children's chalk drawing should be considered vandalism?
In this case I would, it prevents other people reasonably using the facilities without fear, the whole hate crime thing.

Kids not in trouble for chalk.
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Captain Haddock
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#30
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(Original post by Decahedron)
Would you seriously argue that children's chalk drawing should be considered vandalism?

Shall we round up primary school kids now or later for their vile acts of graffiti?
As above, if they use that chalk to scribble things like 'all Jews must die' then yes I would call that vandalism.
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Dandaman1
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#31
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(Original post by Captain Haddock)
This is a little bit different to a kid sketching a hopscotch grid on the ground. It quite clearly goes beyond what would be considered acceptable use of chalk. Even if he can't technically be charged with vandalism I imagine most people would be pretty content to describe it as such and wouldn't see too much amiss with treating the case with a similar severity to 'actual' cases of vandalism.
You still haven't addressed my OP, by the way. We've just been arguing over legal precedent and what crime this could technically be, which wasn't what I was disputing. Do you think it's right for police to arrest and charge a 12-year-old with a felony for offensive chalk drawings on a playground?

Would you press those charges? Would you be comfortable potentially screwing up a child's future because he drew some things in chalk that people found offensive?
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Captain Haddock
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(Original post by Dandaman1)
You still haven't addressed my OP, by the way. We've just been arguing over legal precedent and what crime this could technically be, which wasn't what I was disputing. Do you think it's right for police to arrest and charge a 12-year-old with a felony for offensive chalk drawings on a playground?

Would you press those charges? Would you be comfortable potentially screwing up a child's future because he drew some things in chalk that people found offensive?
I'm a lefty buddy I'm sure you can guess what my opinions on the US correctional system are.
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