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1/2 Block Should Parents be Responsible for Their Child's Crimes

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Draw a cartoon that depicts the main belief/claim/evidence from one of the three articles we've read this week. Share under our ZiggieZiggie. :)

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Read today's article. Write down the overall thoughts of the author, and then write your own original claim. Explain why you believe what you believe.

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Think back to Johnny, Ponyboy, Bob, and our mock trial...What is your opinion on the following:
Should parents be held responsible for criminal acts committed by their children? Why or why not?

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*Writing into the Day: Make your claim.
*Compose an argumentative essay on Google Docs. Don't forget:

Use argumentative writing elements.

Use Harris moves and have a CLEAR, LOGICAL line of evidence.

Cite ALL sources properly.

SUPPORT your claim throughout your essay. Have FUN as you tell others what you think/believe and try to educate others from your perspective.

Lastly, include your infographic IN your essay somewhere. (before, during, or after...wherever you think it fits best)

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*NATIONAL DAY ON WRITING*
--TWEET using #whyIwrite and #PurvisMiddle @PurvisMiddle
* Continue researching bullying and cyber-bullying statistics (don't forget to write down sources!!).
* Create an infographic using the piktochart link on this padlet to show your findings from your research. Look at the example for some guidance.
Closure: Show/discuss your graphics with your small group.

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*Writing into the Day
* Check for Harris moves and discuss Line of Evidence in above article
* Create a t-chart and make an abbreviated list of things you agree with and disagree with from today's article. Share with your small group. Then, share common thoughts with whole group.
*With time remaining, research bullying and cyberbullying statistics. Write them down and cite the source.
Closure: Write down what you found to be the most shock statistic or line from the article today. Snow Storm closure activity!!

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* Writing into the Day
* Check for Harris moves and discuss Line of Evidence in above article
* Read short story "The Way Up to Heaven" and use the Making Inferences graphic to analyze the storyline.
* Closure: Write a rap that sums up the plot and outcome of the story.

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Student examples of using quotes/Harris Moves

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Student examples of using quotes/Harris Moves

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* Writing into the day
* Review Harris moves; do you see any of these "moves" into today's article?
* Making Inferences: Video, Notes, Guided 1st short story/Small group 2nd short story
* Complete Annabelle Lee poem analysis from Friday.
Closure: Do you enjoy reading stories that have more explicit or implicit information? Why?

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Today, take out the graphic and read over your explanation. On the graphic, mark your own position on this topic.
Write a short argument that makes a claim AND cites evidence from the three readings to support your argument.

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Read the third article closely; then, draw a simple graphic that represents the relationship between these 3 articles you've read. Write a short explanation of your graphic. Share with the class.

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Repeat yesterday's process with the second article.

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Junior and some of his high school pals broke into a neighbor's garage and made off with some expensive tools. They got busted and now, on top of the headache of hiring a lawyer for junior, you find yourself charged with violating your parental duty to supervise your child. But you did not even learn of the theft until the cops showed up two days later. Can you be convicted? The answer is yes.

This article discusses laws making parents responsible for children's crimes. For information about parents' civil liability for children's actions, see Parents' Civil Liability for a Child's Act.

Parental Rights, Parental Responsibilities

The U.S. Supreme Court has held that parents have a fundamental right to rear their children without undue interference by the government. ( Pierce v. Society of Sisters, 268 U.S. 510 (1925.) But, in the same decision, the Court upheld the power of states to force parents to ensure that their children attend school. So, parenting is by no means an unfettered right and, as with many rights, it carries significant legal responsibilities.

What Are Parental Responsibility Laws?

Each state imposes legal responsibility on parents and legal guardians for the delinquent and criminal acts of minors in their charge. Parental responsibility statutes have been in effect in the U.S. for at least 100 years. Many arose out of or supplemented laws that prohibit contributing to the delinquency of a minor.

Such laws rest on the assumption that minors commit crimes because their parents have failed to exercise proper control and oversight, and that the way to inspire parents to exert the necessary control is to punish them if they don't.

Public demand for parental responsibility laws has fluctuated over time. The Columbine High School shootings and other similar incidents have inspired state and local lawmakers to enact parental responsibility laws. In the late 1980s, California and other states passed laws aimed at reducing what the states saw as an epidemic of gang-related crime by youths.

Failure to prevent crimes by children

Most parental responsibility statutes punish parents for what they haven't done, rather than what they have done. The laws make parents criminally liable because they have not fulfilled their parental duty to keep their kids from breaking the law. So, the parent of the juvenile garage thief is not charged for the theft but for letting his child commit it by failing to exercise proper parental control.

Status crimes

Some parental responsibility laws hold parents legally accountable for allowing their children to engage in conduct that would not be illegal if done by an adult, such as skipping school (truancy) or breaking curfew laws. Truancy and curfew violations are considered "status crimes," because they penalize conduct that is only illegal based on the status (in this case, age) of the person engaged in the conduct. As mentioned above, the U.S. Supreme Court has upheld the power of states to compel school attendance. And parental responsibility to make sure children attend school is an "affirmative duty," meaning that a parent has to actively ensure their attendance. (An exception to truancy laws has been made for home schooling that meets state standards.)

Courts have also upheld parental responsibility under curfew laws applyed to minors, based on the vulnerability of children and the public interest in protecting their welfare.

Contributing crimes

Any adult, not merely a parent or guardian, may be prosecuted for contributing to the delinquency of a minor if the adult encourages or induces the minor to engage in criminal activity. For example, an adult (whether a parent of a child or not) who furnishes a minor with alcohol will be prosecuted under state law penalizing contributing to the delinquency of a minor. Unlike parental responsibility for status crimes (which is generally based on negligent parenting), parental liability under contributing crimes is based on the parent (or other adult) having actually enabled or induced the minor's illegal conduct.

Do parental responsibility laws work?

Studies conducted in Oregon, California, New York, and elsewhere suggest that parental responsibility laws are both infrequently enforced and of dubious effect when enforced. The laws are viewed by parents' rights groups and others as largely symbolic. Some convicted parents have challenged the constitutionality of these laws, but courts have ruled in most cases that the state's compelling interest in child and public welfare justifies the laws. ( Williams v. Garcetti, 853 P.2d 507 (Cal. 1993).) A common argument by parents is that they are being prosecuted for conduct they did not condone or even know about. These arguments are generally unsuccessful, as long as the statute punishes parents for conduct by their children that a reasonably attentive parent should have known about and prevented.

How is Violation of Parental Responsibility Law Punished?

Punishment varies from state to state, but state and local parental responsibility laws often carry two types of sanctions: punitive and educational.

Criminal penalties

In most jurisdictions with parental responsibility laws, a violation of the law is a misdemeanor and a person charged with the crime faces up to one year in prison, a fine in the range of $1,000, or both.

Mandatory parenting skills training

In addition to a prison sentence and fine, many states also require convicted parents to enter educational programs. California and other states have included mandatory parenting skills training among the sanctions a court may impose on parents whose children have broken the law. State courts have upheld these laws. ( Williams v. Garcetti, 853 P.2d 507 (1993).) In fact, some states have enacted parental responsibility laws as vehicles to order parents into skills training, rather than to jail them for their children's conduct.

A Perennial Trend

The enactment and enforcement of parental responsibility laws rise and fall in response to media frenzies over high-profile juvenile crimes, changing degrees of concern about public morality, and other social factors. But, anyone charged with violating a parental responsibility law must take the matter seriously because it is a criminal charge and may result in jail time, a fine, an order to undergo training, or all of the above. And, it is certainly a sign that the charged parent's child needs more supervision. See an experienced criminal defense lawyer in your area if you have questions about parental responsibility laws.

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Parental Responsibility for a Child's Criminal Actions

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Junior and some of his high school pals broke into a neighbor's garage and made off with some expensive tools. They got busted and now, on top of the headache of hiring a lawyer for junior, you find yourself charged with violating your parental duty to supervise your child.

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Closely read the first article and underline the main claim (idea). Highlight what you consider to be the writer's strongest evidence to support his/her claim. Then, write informally for 5-7 min.: What do you want to know more about? Where do you stand on this issue today?

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Bullying example Pg. 1 | Piktochart Visual Editor

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"I wouldn't be in trouble at school if my mom had just written me an excuse," complained a teen I was counseling recently. "And the teacher didn't have to fail me - he could've let me off with a warning!" As I listened to this bright 15-year-old kid explain why everyone was at fault for his situation (except himself), I encouraged him to take personal responsibility for his own choices. He looked at me as if I was speaking a foreign language or had simply lost my mind.

Rather than being the exception, I think this example has become the rule. No one, from politicians to celebrities to our own kids, seems able to admit they were wrong or take responsibility these days. Everyone seems to be playing "The Blame Game."
A Culture of Blame
As parents, we expect our children to do what so many people don't - take responsibility. Nothing is more irritating than hearing your kid whine, "It's not myyyyy fault!" Kids often blame their teachers for their academic performance, their siblings for their misdeeds and if there are no siblings - there's always the dog. And why not? Blaming others is modeled for our children on a daily basis: by adults, their peers, in the news, across the world.

Ask yourself, "Who is ultimately responsible for my child's choice in this situation?"

It's so easy to focus on others when something goes wrong that we often don't even realize we're doing it. This has become so widespread that we really notice it when someone actually does take responsibility. In a meeting recently, a co-worker made the statement, "You know what? I didn't follow through with that task. I apologize. It was my fault. I'll do it now and it won't happen again." Refreshing! I actually complimented the woman afterward on taking personal accountability for her actions. In our society, blame is so commonplace that we're often surprised when someone actually owns up to something with no excuses.
Hey Mom, Can You Hang on to My Responsibility for a Minute?
As parents, it can be so difficult to watch our kids struggle and experience negative consequences in life. When your child was a baby, you were completely responsible for her - what she ate, her safety, everything. You were her caregiver. As your child got older, little by little you started giving her more responsibility; you wanted her to become more independent. But with independence comes choice - and responsibility. It can be intimidating (even downright scary) for both you and your child to let go of that caregiving relationship.

Transitioning from taking total responsibility for your child to allowing her to make mistakes so she can learn and grow from them can be a tough process. We expect our kids to get it wrong sometimes; that's just life. It's also part of human nature to be uncomfortable when you have to admit you've made a mistake or a poor choice; it's hard to own that you've let someone down or hurt them. Most of us don't want others to think badly of us and we may worry that we'll be judged harshly or thought less of as a result of our behavior. We also may want to avoid negative consequences for our actions. After all, when was the last time you said, "Yes officer, I was speeding and I deserve that ticket!"? It's the same for our kids. They don't like to feel discomfort any more than adults do. But that's how we learn and grow - by recognizing and acknowledging our mistakes and then doing things differently in the future, so we don't feel uncomfortable that way again.
Why Does Everyone Always Blame the Parents?
In society today, there's been a growing trend of blaming parents for a child's behavior. Whenever there's a tragedy or a child behaves in a way that's dangerous, harmful, irresponsible or "wrong," people always ask, "Where were his parents?!" Parents, particularly those with kids who are struggling with poor behavior choices, have taken this to heart, internalizing and often blaming themselves. "If I hadn't had to work as much, maybe my son wouldn't be so angry. Maybe he wouldn't get into fights like he does. He tells me all the time it's my fault and maybe he's right." The child gets the message that he's not responsible for his own behavior and choices-his parents are. Unfortunately, this can lead to a lifetime pattern of blaming others and refusing to take responsibility. It will always be his spouse's fault, the boss's fault, the police officer's fault, or the legal system's fault.
Here are a few tips when you find yourself - or others - blaming you for your child's behavior:

1. Keep the focus where it belongs - on your child's behavior. The teen I was talking about earlier wanted the focus on anything other than his poor choices and behavior at school and was prepared to shift attention to his mom so she would be the one "in trouble" rather than himself. When you hear someone trying to blame, respond with, "Let's stay focused on the issue and the behavior we want to address right now." (If you're the parent of a defiant child, we discuss how to keep the focus where it belongs in The ODD Lifeline.)

2. Balance your parental responsibility with your child's accountability. Ask yourself, "Who is ultimately responsible for my child's choice in this situation?" If you find you need to put more effort into modeling certain behaviors for your child, that's fine; accept responsibility for what you feel is truly your job as a parent and allow your child to accept responsibility for his own job as a human being. Your ultimate goal is to raise a child who will be able to function responsibly in the adult world.

3. Keep the Big Picture in mind. Yes, you gave birth to your child. You guide him, care for him and prepare him for the Real World. But he's here as more than just your child. He's here to make this life his own, to learn and to grow. Blaming yourself for his behavior doesn't help him in those life tasks. If anything, it stunts his ability to figure out for himself what he's comfortable with, what decisions feel good and right to him, and what kind of person he's going to be when he grows up.

4. Create a Culture of Accountability. You can't control what goes on in the news, what the talk show hosts put out on the airwaves or what your neighbor does. But accountability can start at home. When we blame ourselves for our child's struggles, it leads to guilt and shame. Shame is a "Parenting Paralyzer": it renders us ineffective when it comes to responding to our child. This can lead to us avoid holding our child accountable - we make excuses for him and rationalize his behavior by saying things like, "Well, my son's mom was too hard on him when he was younger, that's why he's acting this way." Or "The reason my teen daughter behaves badly is because we got divorced when she was younger. It's not her fault."Understand that this is not helpful to our children or to us. In fact, it encourages blaming others. If you feel guilty or ashamed for things you've done as a parent, take accountability and move forward. By doing this, you're modeling for your child - and others - a culture of accountability. (James and Janet Lehman's Total Transformation Program centers in part around this concept, and effectively teaches parents how to do this with their kids.)

Remember, if your child is always blaming others, he never has to change-and he probably won't. If, on the other hand, you hold him accountable, he will be on the path to becoming a responsible, well-adjusted adult.

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You Are Not to Blame for Your Child's Behavior | Empowering Parents

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"I wouldn't be in trouble at school if my mom had just written me an excuse," complained a teen I was counseling recently. "And the teacher didn't have to fail me - he could've let me off with a warning!"

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Without a doubt, parents have a duty to do their part to ensure that their kids do not bully others. They need to regularly remind their kids about the importance of treating others the way they would want to be treated. They should talk about how some things we might do or say to someone that seem funny at the time are actually pretty hurtful. When it comes to preventing cyberbullying, parents need to regularly check in on the online behaviors of their kids. Problematic behaviors need to be addressed with reasonable and appropriate discipline. In general, parents need to instill in their children an ethic that includes respecting others and always acting and interacting with integrity, whether online or off. And they can do that in a caring and authoritative manner that encourages emotional connectedness yet demands respect and accountability. Indeed, research has shown a positive parent-child relationship makes it less likely that youth will engage in bullying behaviors as they do not want to risk damaging the valued bond.

But if parents fail to take these steps and their child bullies others, should the parents themselves be held criminally responsible?

Latest Attempt at Accountability

An ordinance approved last month by the Monona, Wisconsin, Common Council allows parents of children who bully to be fined $114. The city appears to be the first in the country to pass such a measure. The Council also amended its ordinances to incorporate existing state criminal statutes that prohibit disorderly conduct, unlawful use of a telephone or computerized communication systems, and harassment. All of this sends a clear message to citizens that harassment in all of its forms is not welcome within the city limits.

Last fall I wrote about a growing movement among municipalities to criminalize cyberbullying locally by enacting ordinances. As occurred in Monona, many times city ordinances simply mirror existing state laws. As I wrote back then, there are a few reasons for why this move might make sense. It allows a city attorney to pursue charges against an individual even when the county-level district attorney is unwilling. It also allows for the cases to be handled in a municipal court (which Monona does have-many cities do not), rather than the state circuit court system. This has the added effect (for better or worse) of shielding violators from the public shame of being eternally listed on Wisconsin's Consolidated Court Automation Program website ( CCAP) for all to see.

History and Theory Behind Parental Liability Laws

Parental liability laws hold parents accountable, and financially liable, for the behavior of their children when it is deemed that the parents were negligent in their obligation to provide proper parental care and supervision. In theory, these laws make a lot of sense: the idea is to compel parents to make sure their kids aren't behaving in a reckless or delinquent manner. School law states that educators can be held liable for damages when they are found to have been deliberately indifferent to harassment that happens at schools. Maybe it is appropriate to hold parents to the same standard. Parents who are not adequately "parenting" ought to be punished right along with their kids, right? Well, in practice it is much more complicated than that.

States have long had various laws on the books that can be used to hold adults responsible for the actions of youth (for a detailed history, see this article). In 1903, Colorado was the first state to make it a crime to "contribute to the delinquency of a minor." California law generally requires parents to "exercise reasonable care, supervision, protection, and control over their children." Parents who fail in this mandate could be found guilty of a misdemeanor and sentenced to jail. Massachusetts law states that "a parent is under a duty to exercise reasonable care to prevent his minor child from inflicting injury, intentionally or negligently, on others." In fact, some have suggested that parental responsibility laws can be traced back to 1646 when Massachusetts enacted its Stubborn Child Law which noted that parents can be fined if their child is caught stealing. Of course the same law also proclaimed that "stubborn and rebellious" sons who do not obey their parents "shall be put to death."

Other Possible Causes of, and Solutions to, the Problem

A number of years ago I was involved in evaluating a truancy reduction initiative in three elementary schools in Michigan. One element of the program was to hold parents accountable if their elementary-aged children did not attend school. For students younger than 12-years-old whose parents did not cooperate with school officials, a warrant was sought for parental prosecution under the state's compulsory attendance law. The key phrase here was that the parents targeted were uncooperative (and indignant). Only 3 parents out of the nearly 300 families involved in the program fell into this category. Most were just looking for help to address a relatively simple problem that contributed to the absenteeism, like providing an alarm clock or transportation to school.

I think the same can be said when it comes to bullying. Most often when parents learn about the bullying behaviors of their children they will take the necessary steps to ensure that such behaviors do not continue. In some cases they just don't know what to do and with a little guidance they will be fine. (For recommendations on how to respond to cyberbullying, see our suggestions.) In very rare cases, a few parents simply do not recognize the bullying behavior of their children as hurtful, or worse they may even encourage it. Or parents completely ignore what their kids are doing online, even after being made aware of possible problems. Presumably, these are the types of parents that parental responsibility laws are directed toward.

One problem I see with this approach is that it is also likely to have a result that is opposite of that which was intended. We know that the quality of the parent-child relationship is integral in preventing a whole host of inappropriate behaviors. The concern is that threatening to punish a parent for the behavior of the child may serve to further weaken this relationship. Parent and child are pitted against one another when the child misbehaves: "Because of what you did I have to pay $114!" Furthermore, anyone who has a child of their own or who has worked with youth in a professional capacity (I fall in both camps) knows that even the best-intentioned guardian can run into an obstinate child who refuses to follow any instructions. It would be inappropriate to hold parents responsible in situations where it is clear that the parent is doing everything they can to try to remedy the behavior. These laws are really intended to handle the opposite - when parents are doing very little to respond. And again, I feel like this happens very rarely.

Research Lacking

Unfortunately there has not been any evaluation research done to assess the effectiveness of parental liability statutes so we really do not know what kind of effect they will have. Dr. Eve Brank, who is a professor of law and psychology at the University of Nebraska in Lincoln, has studied parental responsibility laws in depth and told me "it's impossible to speak about whether they are a good tool or not. We know that parents certainly play an important role in raising their children, but we do not know the effect of imposing legal sanctions on them when their children are involved in illegal behavior." Indeed, in the project I referred to earlier that targeted elementary absenteeism in Michigan, we were unable to follow the students long enough to determine if the threat of parental prosecution actually resulted in better attendance. So we frankly just don't know if holding parents criminally or financially responsible for the behavior of their kids will result in reduced bullying.

Critics have argued that this is simply another way to limit free speech and that the parents of outspoken youth will be punished for the protected speech of their kids. If a child speaks up about his or her moral objections to homosexuality, for example, it could be construed as bullying and therefore could invoke punishment for the child and now the parent as well. Even though the Monona ordinance clearly states that it does not apply to any "constitutionally protected activity or speech," there is admittedly ambiguity when it comes to defining an incident as bullying, especially when it involves contentious subjects. As adults (parents and others), it is our responsibility to teach teens to disagree, and even debate, in a civil manner. So if you disagree with my thoughts here, feel free to sound off. But please keep it respectful-your kids could be watching!

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Holding Parents Responsible for Their Child's Bullying

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Without a doubt, parents have a duty to do their part to ensure that their kids do not bully others. They need to regularly remind their kids about the importance of treating others the way they would want to be treated.

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After 12-year-old Rebecca Sedwick of Florida jumped to her death from a tower in an abandoned concrete plant in late 2013, the term "cyberbullying" was on the nation's tongue for months. Two classmates were charged with tormenting the girl so viciously on social media and in person that she committed suicide. The charges of aggravated stalking (cyberbullying) were later dropped, and much of the blame landed not on Sedwick's two classmates, but on their parents.

And why not? Mark O'Mara - known for representing George Zimmerman in his trial for killing Trayvon Martin - drafted legislation in the wake of Sedwick's death to hold parents criminally liable for their kids' cyberbullying. Parents who let their children "use social media as a weapon need to wake the hell up," the criminal defense lawyer at O'Mara Law Group said.

O'Mara's proposal wouldn't be the first law of its kind. Most states will hold parents liable for their kids in civil court and criminalize the act of "contributing to the delinquency of a minor," with which parents can be charged. Criminal charges for bad parenting are less common. The city of Davenport, Iowa, has experimented with holding parents responsible for crimes like breaking curfew and possessing marijuana, but the Iowa Supreme Court struck down parts of the ordinance in 2010. One Pennsylvania woman reportedly died in jail this summer, after she'd been imprisoned for not paying fines for the truancy of her kids.

The violent acts of children are a different ballgame, but because of high-profile suicides and school shootings, and decades of research on the relationship between bad parenting and youth delinquency, many experts support stricter punishment of perps' parents.

But others warn that the laws could have unwanted effects. For one, low-income families - particularly single-parent ones - would be targeted disproportionately. Poorer parents tend to work longer hours and have less time to look after their kids.

Also, no research has been done to determine the effectiveness of laws that hold parents criminally liable, says Eve Brank, an associate professor of law and psychology at the University of Nebraska, Lincoln. "It's often just a way for politicians to look hard on juvenile delinquency," she says.

O'Mara doesn't think so. Nor do the victims of crimes like bullying. So the question remains: Should it be a crime to raise a criminal?

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Should Parents Be Legally Responsible For Children's Serious Crimes?

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After 12-year-old Rebecca Sedwick of Florida jumped to her death from a tower in an abandoned concrete plant in late 2013, the term "cyberbullying" was on the nation's tongue for months. Two classmates were charged with tormenting the girl so viciously on social media and in person that she committed suicide.