Argument: The current legal regime is not able to prevent or adequately punish bullying

Even when bullies are sometimes prosecuted, they are charged with offences that constitute individual components of the bullying behaviour, like harassment, stalking, causing bodily harm [1] , or invasion of privacy [2] . But these offences were not designed with bullying in mind and fail to capture its overall impact and the harm it causes. While bullies may be charged with several of these offenses this will still not capture the kind of harm being done and would not be as effective as a specifically tailored offense. We need laws that recognize that harm and which punish those who inflict it adequately.

[1] Eckholm, Erick. “Two Students Plead Guilty in Bullying of Teenager.” The New York Times. May 4, 2011. http://www.nytimes.com/2011/05/05/us/05bully.html

[2] Foderaro, Lisa W. “Private Moment Made Public. Then a fatal Jump.” The New York Times. September 29. 2010. http://www.nytimes.com/2010/09/30/nyregion/30suicide.html

Candidate 1: "The laws are inadequate because it is very hard to define bullying. Almost any act or gesture can constitute bullying depending the victim’s subjective experience of it. Criminalizing bullying would lead to criminalizing behaviour that would be considered normal by most standards."
Candidate 2: "Bullies are often children, most of them in their teens. However, they are at an age where they do know right from wrong and can, therefore, be held accountable for their actions. Neither their young age nor their own suffering can justify bearing responsibility for someone else’s death. Most criminal justice systems recognize that children are liable for their behaviour, by allowing children as young as 10, in the UK for example, to be charged with criminal offences. Their age and personal situation can, nevertheless, be taken into account in deciding what punishment they should receive (prison, community service, a fine, etc.). And there is no reason why rehabilitation and education cannot be part, or even the focus, of that punishment."
Candidate 3: "The law should only punish people for their own actions, not those of others. It’s fine to punish bullies for their bullying behaviour, if it is against the law. But ‘bullycide’ implies the bully bears individual responsibility for the death of the victim, just like in the case of murder or manslaughter. But the bully did not pull the trigger, the victim did. While the bully may have intended to harm or berate the victim, she made no attempt on the victim’s life, and cannot be treated like a murderer, who intentionally took the life of another."
Candidate 4: "We criminalize behaviour when it is truly harmful. Especially when it is so harmful that it leads to someone losing her life. Eye rolling and gossip are not harmful enough to be criminal offences. Nor would they be under this law. What would become a criminal offence would be the sustained and prolonged torment of another person to the point of pushing her to committing suicide, whatever forms that torment takes, whether it’s gay slurs, or physical threats and insults. It has also long been established that there are limits to the freedom of speech or expression we enjoy, if that can result in the direct harm of others. For example, we don’t allow people to incite violence against others."
Candidate 5: "Of course there will always be ambiguous cases. That is why we have trials, and rights for the defendant. The weight of the evidence presented in court should establish what degree of culpability, if any, the bullies had. If the prosecution does not have a solid case to present, it may even choose not to prosecute. But the law should be in place for those cases where it is needed."
Candidate 6: "There is a fundamental difference between someone’s actions directly resulting in another person’s death and the case of bullying. In the case of manslaughter, the victim never had a choice. The perpetrator is solely responsible for what happened. But some victims of bullying take a decision to kill themselves, while others do not. The bully cannot be held responsible for someone else’s decision and action, only for her own."
Candidate 7: "Under this law, bullies would be held accountable for their own actions, not those of the victim. The law wouldn’t have to equate them with murderers, punish them as harshly, or suggest they bear sole and full responsibility for the victim’s death. But it would make it clear they bear some responsibility for the outcome, and that they should be punished for their role. If they are children, they can be prosecuted as juvenile offenders and given less harsh punishments, like community service."
Candidate 8: "Prosecutions of bullies responsible for suicides, and improved safety in schools are not mutually exclusive goals. Programmes need to be set up that stop bullying early on, give victims support, and people to turn to when they are in need. Schools and their administrators can and should also be held accountable to their boards, and the community. But in those cases where tragedies still happen in spite of such measures, the culprits should be held to account."
Candidate 9: "We should always focus on stopping the behaviour before it escalates to the point of the victim’s suicide. Bullies should be held to account early on. We shouldn’t wait until someone dies before they are punished. If victims know there will be early intervention, they will be far less likely to even consider suicide. If they know the bullies won’t be punished until after their death, it might even encourage some distraught victims to kill themselves in the hope of exact vengeance on their tormenters. Early intervention is a much better outcome for everyone."

The laws are inadequate because it is very hard to define bullying. Almost any act or gesture can constitute bullying depending the victim’s subjective experience of it. Criminalizing bullying would lead to criminalizing behaviour that would be considered normal by most standards.
