Can a 12 year old be put in jail for bullying a younger smaller boy? should we have called police instead of dealing with school

Asked about 5 years ago - Pierz, MN

The bullying happened on the bus. Once the bully hit him in the mouth & made it bleed. This was reported to the principal & supposedly dealt with. the bully lied & blamed a girl (who is also the bully's friend) for pushing him & causing him to bump the victim. The victim said he was hit with a closed fist. This was unprovoked by the victim. The bully was still on the bus the following Monday not even suspended from school or bus. On another occasion, the bully came up close to the victim & taunted him more. The victim then pushed the bully away but did not hit him. The bully then kicked the victim at least 2 times in the achilles tendon area, leaving a horrible bruise. Again, the bully went unpunished. The victim got blamed because he pushed. the victim pushed out of fear of more beatings

Attorney answers (3)

  1. Thomas C Gallagher

    Contributor Level 17

    Answered . If a juvenile commits an assault, the police can investigate and consider referring the case to the County Attrney's office for a possible Delinquency Petition. I would think that the target of the assault could seek help from the school, the police, or both.

  2. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . No, a 12 year old will not be put into jail,although he could be put into juvenile detention. There are several resolutions you have asked about which you need to decide between. You can report the conduct to the school, and live with their disciplinary actions; or, you (for the child) can file a complaint with the police and the child becomes a witness for the State in Juvenile Court. Once you make the necesary record with whichever alternative you select, the resolution is out of your hands. As an alternative, you may want to talk to a civil lawyer licensed to practice law in MN to see whether there are any civil actions you may want to pursue. Since a civil action is literally between the two parties, you (assuming you are the guardian) get to decide what the resolution of your civil action will be. Good luck.

    Disclaimer
    This information is offered for educational purposes only. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.

  3. Michael L Rich

    Contributor Level 17

    Answered . In Minnesota you also have options for Restorative Justice resolutions where there may be a victim, offender, community circle to discuss a resolution that helps make sure that something like this doesn't happen again.

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