Certain markers must be laid down when certain events occur, if not for any other reason than to establish precedent, day date, and time included.
The case of a Florida Special Education (5) year-old student allegedly beating a female teacher necessitating a hospital visit is one for the ages.
We are painfully aware that it is difficult to bring criminal charges against children of a certain age; nevertheless, the question remains if the crime committed by a youngster of that age is any less painful to the victim because the injury was inflicted by a child that young?
I certainly do not have all the answers, but I find the Pembroke Pines Police Departments’ decision [not] to charge the boy with any crimes a bit baffling. Shouldn’t that be the decision of the prosecutor’s office?
Jason B. Blank, chairman of the Florida Bar’s Criminal Law Section, agreed with the decision, especially with the attack happening in a special education setting. “I have never seen a 5‑year-old criminally prosecuted for anything like this, especially with the set of special circumstances on top of it,” Blank said. “I don’t think that was ever practical.”
The narrative being that a five-year-old is incapable of forming intent seems strange. If a five-year-old is mad at his parent because he did not get his way goes into a room, picks up a gun, returns, and shoots his parent, is that parent any less seriously hurt or dead because the child is only five?
The ultimate decision rests with prosecutors whether or not to bring charges. I am certainly not advocating that charges be brought against a child that young; however, I cannot help wondering whether the Pembroke Pines Police Department would have been that magnanimous if the assailant was a little black boy?
I think not, that boy would have been charged with all kinds of felonies, and the question, “should he be charged as an adult,” would have been on the tongues of all the talking heads.
For those reasons, members of the African-American community must document these decisions as they are made so that they may demand equal treatment when the shoe is on the other foot.
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Mike Beckles is a former Police Detective, businessman, freelance writer, black achiever honoree, and creator of the blog mikebeckles.com.