Definitely. Once the act meets the criteria of any article within the Criminal Law, they should not treat it as a school internal affair under "Partial Society Theory" but make him criminally liable.
BTW, for such cases, criminal liability should be considered at Primary One, not 14, let alone 20.
Yes, and yes, but that is not to say that you can't deal with it without calling the cops if there is simple name-calling or a bit of a fight. If it is continuous to the point where people feel the need to take their own lives, and teachers turn a blind eye, then yes.
Besides, if they made bullying illegal in Japan we all know full well it'd be, "The government has passed legislation that has made bullying illegal. There will be no punishment for infringements, but they will suggest people stop doing it".
Kids will bully other kids, can't stop that. It's when the teachers or parents do nothing to stop it that it becomes a crime. The whole "gaman" culture here is a crime in itself
At a certain point, yes. But people here seem eager to go overboard with it.
If I don't invite someone to my party, and perhaps say something snide about them, and then they kill themselves, is that a crime?
The point is, there may be a lot more going on that led to suicide, and maybe bullying was a very minor part of it.
If it's continuous and systematic bullying, if the bullying includes violence, if it's especially cruel, that's another story. But common sense has to be used. Suicide alone should not make a criminal of anyone who was antagonistic toward the person.
Bullying is intimitadation with the overt threat violence or harm.
That's an extremely narrow definition, and as you said, it's already a crime - so this question doesn't really apply to that. There are some very cruel forms of bullying that don't imply any violence or harm at all.
but that is not to say that you can't deal with it without calling the cops if there is simple name-calling or a bit of a fight.
This right here. The problem if you just make 'bullying' a crime is next thing you know, the cops are being called because a little boy called a little girl 'ugly'.
If the bullying act is a crime, then it should be treated as one. But the 'act of bullying' should not just be labeled a crime.
Years ago, my daughter pinched another girl in class because the girl cut in line. She was maybe 6 or 7 years old. The principal of the school personally called me and warned me that the pinch left a mark and the other parents might press charges. For a PINCH.
REAL bullying should be handled properly, but it would be way too easy to let it get out of hand.
This article refers to "bullying", but there is a gap between "bullying" in English and "ijime" in Japanese. Ijime is far wider and includes "kotoba no ijime", which can vary from very nasty name calling and passive-aggressive techniques to lesser things closer to teasing. Some forms of ijime are definitely criminal, physical assaults, extortion etc., but others that might not be considered "bullying" in English probably are not.
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garypen
When one is physically assaulted.
Kazuaki Shimazaki
Definitely. Once the act meets the criteria of any article within the Criminal Law, they should not treat it as a school internal affair under "Partial Society Theory" but make him criminally liable.
BTW, for such cases, criminal liability should be considered at Primary One, not 14, let alone 20.
smithinjapan
Yes, and yes, but that is not to say that you can't deal with it without calling the cops if there is simple name-calling or a bit of a fight. If it is continuous to the point where people feel the need to take their own lives, and teachers turn a blind eye, then yes.
Besides, if they made bullying illegal in Japan we all know full well it'd be, "The government has passed legislation that has made bullying illegal. There will be no punishment for infringements, but they will suggest people stop doing it".
PerformingMonkey
Yes.
Anything that would be unacceptable in a workplace environment should not be tolerated in schools.
It is ludicrous that adults are accorded far more protection than children.
Obviously, the penalties should fit the offence, but there should be zero tolerance.
Unfortunately, state schools are powerless and cannot suspend troublemakers, so it is the victims who have to stay home. This needs to change.
smithinjapan
commanteer: "There are some very cruel forms of bullying that don't imply any violence or harm at all."
How can they be cruel but do no harm at all?
Vince Black
Kids will bully other kids, can't stop that. It's when the teachers or parents do nothing to stop it that it becomes a crime. The whole "gaman" culture here is a crime in itself
commanteer
At a certain point, yes. But people here seem eager to go overboard with it.
If I don't invite someone to my party, and perhaps say something snide about them, and then they kill themselves, is that a crime?
The point is, there may be a lot more going on that led to suicide, and maybe bullying was a very minor part of it.
If it's continuous and systematic bullying, if the bullying includes violence, if it's especially cruel, that's another story. But common sense has to be used. Suicide alone should not make a criminal of anyone who was antagonistic toward the person.
commanteer
That's an extremely narrow definition, and as you said, it's already a crime - so this question doesn't really apply to that. There are some very cruel forms of bullying that don't imply any violence or harm at all.
extanker
This right here. The problem if you just make 'bullying' a crime is next thing you know, the cops are being called because a little boy called a little girl 'ugly'.
extanker
If the bullying act is a crime, then it should be treated as one. But the 'act of bullying' should not just be labeled a crime.
Years ago, my daughter pinched another girl in class because the girl cut in line. She was maybe 6 or 7 years old. The principal of the school personally called me and warned me that the pinch left a mark and the other parents might press charges. For a PINCH.
REAL bullying should be handled properly, but it would be way too easy to let it get out of hand.
ArtistAtLarge
Bullying is intimitadation with the overt threat violence or harm. This is a crime in any society.
kohakuebisu
This article refers to "bullying", but there is a gap between "bullying" in English and "ijime" in Japanese. Ijime is far wider and includes "kotoba no ijime", which can vary from very nasty name calling and passive-aggressive techniques to lesser things closer to teasing. Some forms of ijime are definitely criminal, physical assaults, extortion etc., but others that might not be considered "bullying" in English probably are not.
Kapuna
When one is killed or commits suicide.
Speed
No it shouldn't.
Spitfire
Vince,you have been so on the ball recently regarding your comments.
I totally agree with all of them.