Argument: Making bullying a legal issues does not incentivise robust enforcement of anti bullying rules by schools

Schools are educational establishments that parents trust to protect and educate their children. Teachers and school administrators are those who should be keeping a watchful eye on the students in their care and intervene before harm comes to them. If bullying occurs at school, then that school has failed in its duties. In fact, in cases where suicides occurred, it has often later come to light that a bullying culture was widely tolerated at the school, and that school staff that knew about it did nothing to prevent it, with tragic results [1] . To prosecute the bullies would shift responsibility from the woeful failure of the adults around them, who should have known better and done more than the children in their care.

[1] Bazelon, Emily. “What Really Happened to Phoebe Prince? Entry 1”. Slate. July 20. 2010. http://www.slate.com/articles/life/bulle/features/2010/what_really_happe...

Candidate 1: "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 2: "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 3: "The law should always punish actions that inflict serious harm - whether physical or psychological

Bullying can inflict serious psychological harm on its victims, especially in the case of young people. It leads to low self-esteem, depression, and for some kids it leads to suicide [1] . Bullied children are almost 6 times more likely to think about or attempt suicide [2] . This phenomenon has been termed ‘bullycide’ and the law should recognize it. Many forms of behaviour that result in the death of another person are criminal, from murder to negligence. It is the duty of the law to brand such behaviour as unacceptable, deter future incidents, punish the perpetrators, and offer comfort to victims: in this case, the families of those who lost their life to bullying.

[1] O'Moore, Mona, “Understanding School Bullying: A Guide for Parents &amp; Teachers”, Veritas, 1, Dublin, 2010

[2] Kim YS, Leventhal BL, Koh YJ, Boyce WT “Bullying Increased Suicide Risk: Prospective Study of Korean Adolescents”. Arch Suicide Res. Vol. 13, No. 1, pp15-30. 2009."
Candidate 4: "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 5: "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 6: "The bully's intentions are irrelevant

In criminal law, the establishment of culpability does not always depend on the intentions of the perpetrator. If, during a fight on a train platform, I shove someone and that person falls on the tracks and is killed by a train, I will be guilty of manslaughter, whether I intended to kill the person or not, because the harm caused by my actions is so great [1] . The same applies to bullying. Bullies try to hurt their victims through their actions, either physically or psychologically. Whether the bully intended for the victim to die or not, is irrelevant. The bully’s actions were responsible for the victim taking her own life.

[1] Ashworth, Andrew. Principles of Criminal Law, Chapter 7.5. Oxford University Press. 2009."
Candidate 7: "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 8: "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 9: "The damage wrought by bullying is cumulative

Bullying is truly dangerous when it becomes persistent. Any one incident of it, while unpleasant, may be entirely tolerable for the victim. But being unrelentingly subjected to this treatment for months on end can make life truly unbearable and lead that person to suicide. In the case of Phoebe Prince, an Irish immigrant who was bullied at her US high school, she was called expletives, threatened, and even hit with a beverage container before she finally took her life [1] . She may have survived any one of those taunts, but it was their cumulative effect that was too much to bear. Conversely, punishing her bullies for any one act will fail to acknowledge the much greater extent of the overall harm. A different, special offence is needed to recognize the magnified level of harm caused by bullying.

[1] Eckholm, Eric; Zezima, Katie. “Documents Detail a Girl’s Final Days of Bullying”. The New York Times. April 8, 2010. http://www.nytimes.com/2010/04/09/us/09bully.html"

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.
