Police handcuffing 5-year-old

davefoc said:
One thought I just had was who released the video. This sounds like a significant violation of the privacy rights of the child to me.

Agreed with the rest of your post, just wanted to comment on the quoted portion.

I think since the school is a public space the current legal thinking on privacy is that nobody has a reasonable expectation of privacy in such a place. As such I believe a court would hold that the video doesn't violate any rights of the girl.
 
davefoc said:
So when I saw CFL pontificating away about how he would be such an expert at handling an unruly child, my reaction was to pretty much see them as the musings of a non-parent.

I did not claim to be an expert. My solution solved the problem, without violence or intervention from the police.

Maybe that's why some people don't like it.
 
CFLarsen said:
I did not claim to be an expert. My solution solved the problem, without violence or intervention from the police.

Maybe that's why some people don't like it.
Are you for real? Your solution solved the problem? Only in your own mind. What the heck makes you think that the kid would have listened to you and not the teachers or vice principal? Besides, your solution - take her somewhere to calm down and wait for her mother - didn't work, did it? They took her to the office, and instead of calming down she trashed the place. How many rooms does she get to trash? Oh wait, I forgot - you are the uber-authority and she would listen to you because you raise your voice. Riiiight.

I don't think that enough attention is being paid to the fact that the cop already knew the kid. I think that we need to trust the fact that the cop has some training and experience in the area, and personal experience with the kid, and felt that the cuffing was necessary. It could be that the cuffing prevented further harm of trying to escort or restrain someone without using the cuffs.

Now, before you get all crazy, no I do not advocate calling the cops for every tantrum, or cuffing all kids for tantrums, or really, the use of cuffs for anything but a last resort. I think that the video as a whole shows a kid out of control and that you cannot attribute too much to a short period of calm at the end.
 
CFLarsen said:
I did not claim to be an expert. My solution solved the problem, without violence or intervention from the police.
Your solution is just speculation as it applies to this situation.

Maybe that's why some people don't like it.
Please. Spare us your nonsense.
 
So, what is the libertarian position on this? If those cops were private and privately hired, what should we do?

P.S. Claus, have you ever tried to reason with a tired, hungry 3 year old?
 
RandFan said:
It is easy to claim psychological trauma. Can you prove it? As I understand just because something is troubling to a child does not mean it will cause any permanant harm. Sending a young child to his or her room can be troubling.

I hope someone will investigate the possibility, that is my point. Indeed, it is easy to call out 'trauma!' - is there recourse to check it out? I think so, IMHO. Personally? I'd be ****scared to have the police lock me up, no matter how old I was!

Certainly being sent to one's room may be 'troubling'... but how often is it done by coppers and handcuffs??

(Speaking of which, I went to a wedding this weekend populated by many policemen... I should have raised the topic of this thread with them and if they considered it excessive force.... pity that. Any officers on the boards who would like to comment?)
 
davefoc said:
One thought I just had was who released the video. This sounds like a significant violation of the privacy rights of the child to me.

I'm on the other side of the planet and I get insight to this situation through a video on the internet. Should I be grateful that I can view a miscarriage of justice and say that I have witnessed it and there is evidence for a case against it happening or horrified that someone just didn't put down the &*^#$ camera and yell 'what the hell do you think you are doing??'. :(
 
Thanz said:
Are you for real? Your solution solved the problem? Only in your own mind. What the heck makes you think that the kid would have listened to you and not the teachers or vice principal? Besides, your solution - take her somewhere to calm down and wait for her mother - didn't work, did it? They took her to the office, and instead of calming down she trashed the place. How many rooms does she get to trash? Oh wait, I forgot - you are the uber-authority and she would listen to you because you raise your voice. Riiiight.

(sigh.....) If only people would read what I wrote, we would have a lot more smooth debate here.

I am not taking her to another room to calm down. I am taking her to another room so she doesn't hurt anyone. While in the room, there will be no contact with her. All that was needed was to await her mother arriving.

That's why she kept on: She got attention, attention and then more attention.
 
Kiless said:
I hope someone will investigate the possibility, that is my point. Indeed, it is easy to call out 'trauma!' - is there recourse to check it out? I think so, IMHO. Personally? I'd be ****scared to have the police lock me up, no matter how old I was!

Certainly being sent to one's room may be 'troubling'... but how often is it done by coppers and handcuffs??

(Speaking of which, I went to a wedding this weekend populated by many policemen... I should have raised the topic of this thread with them and if they considered it excessive force.... pity that. Any officers on the boards who would like to comment?)
I have been arrested as an adult and it is scary, there is no doubt about it. But many things are scary and troubling for a child. My daughter had to have a spinal tap when she was 6. This was after giving blood numerous times that day. I had to take her by the neck and behind the knees and hold her face to her knees so that her back was bowed exposing her spine. She said repeatedly that day that she just wanted to go home. When I took my son to the dentist at a very young age he clutched his stuffed Ernie (Sesame Street) really tight and it was quite clear that he was frightened. Such incidents happen in young peoples lives. I believe that they can have a lasting impression. I think it best for children to avoid these types of incidents. But I don't see the need for outrage as it concerns this incident. It was perhaps unnecessary but that is not absolutely clear in this instance.

The girls consequences were a direct result of her own actions. The police were not trying to inflict harm. They were trying to resolve a difficult situation. Clear heads and reason should be used to assess this situation and not visceral emotion.
 
RandFan said:
Your solution is just speculation as it applies to this situation.

I was asked what I would do. I am sorry if I answer questions.

Any solution would be speculation, even yours. Or perhaps yours wouldn't?
 
jj said:
P.S. Claus, have you ever tried to reason with a tired, hungry 3 year old?

It is not what we are discussing. I would not try to reason with her, she wasn't hungry, and she was 5.
 
"...Should I be grateful that I can view a miscarriage of justice..."

And are you going to do a better job of providing evidence to support your assertion of atrocity than the others in this thread?

Or just stick to the woo-woo superstition of 'if it looks bad, it must be bad'?
Or just let the TV announcer tell us it was 'con - tro - versh - eeyal'?


You know where else we can see very young children acting like the little girl in this video?

In doctor's offices, getting vaccinations. Or in hospitals being treated.

And as already noted (and evaded), medical facilities allow orderlies with nowhere near the training of police officers to apply restraints to hysterical children. They also resort to knocking children out if needed.

So where is the outrage over that?


Why the double standard in this case?

Just because Larsen is doing it?

If Larsen jumped out a window, would you do it too?
 
RandFan said:
Thank you.

You are welcome. To my experience policemen and women might me undereducated and underprivileged but most of the times the sight of a kid can soften them, a white child for sure. I haven't observed the same sensitivity for gypsy children ( I mention gypsies because I have repeatedly represented them in court) but maybe I haven't seen enough policemen on duty during the 10 years that I practice criminal law and you have more exprerience in this field.

Are they objective reasons?
It's seem that the Law aknowledges that the whole procedure of arresting and trialing a minor might have significant affects on him/her that's why it describes in details the procedure and that's why the trials of minors are not public.

Then please share with us those reasons.
According to my knowledge the effect of psychological traumas might need some time in order to be evident, this is what Law believes so that's why the Law provides for minors, in order to avoid future psychological traumas.

How and why is this significant?
It is significant for two reasons. First it determines the nature of the potential offender.A detainee that wasn't handcuffed during his arrest uses this fact as a card in his defense. The Law aknowledges that putting handcuffs is apart from necessary ( sometimes) a humiliating process. That's why in a trial you often hear to the defense complaining to the judge that the accused "has been handcuffed as a common criminal".

In Law everything has a specific symbolism that intends to pass a specific message to the society. I bet that from now on many kids will behave themselves when they are reminded by their parents of what happened to " that girl in that school".

Fine, this is your opinion. Can you give us objective reasons why?
Because the kid was tiny. If a police officer or a tecaher hugged her tighly she wouldn't be able to move. If he spoke to her softly she would eventually stop if she wasn't mentally ill.
Trust me. It works. I do it all the time with my black 8 month old dog.

Yes, and so have I. Can you objectively tell us what it is about your judgment that brought you to this conclusion?

I think that I have done that above.

Thank you for sharing. Do you have any objective evidence that this fact caused her harm?
I believe that I am serious enough to have stated that the kind of evidence you need only to dodge instead of investigating the issue is not available.
Do you have any objective evidence that this was done because she was black.
I have a vague memory of some reports of Amnesty International
regrading police brutality and minorities
http://www.rightsforall.amnesty.org/what/appeals/police.htm

Watch the video again, this was an extreme situation. It lasted a long time. The teachers absolutely tried persuasion.
I don't have any reason to doubt your perception of events. I think that you have kids. Do you believe that if you were an observant of the scene and you decided to take action and take the kid in your arms you would fail to stop her?

I have questionned kids in court, kids that have been subjected to sexual abuse and a forensic psychiatrist has told me once that the trick with the kids is the tight hug, especially with tiny kids.Of course in order to hug a kid you have not be disgusted by the fact that it's black or gypsy.

If a 35 years old childless litigator knows that, I have difficulty to believe that an american teacher, trained in an american colleage doesn't know that.

I really resent this. Many if not most of us have said that we found the incident troubling and that it was perhaps not warranted.

In that case I apologize and to be honest your fierce attempt to rationalize the whole scene makes me believe that you were genuinely disturbed.

Which is not objective evidence. Things are NOT always as they appear.

I totally agree with you and I stated it from the beginning but both of us saw the same video. Imagine that both of us were members of the same jury. Doesn't this sound interesting?

Wrong, we simply wanted to know why we should be outraged.
The following comment might be taken as a cheap one but please don't take it as such and give me at least the benefit of the doubt. I have read the posts of your son. Certainly a smart kid that would make a difference even in the worse kind of school.

Schools though RandFan are important mostly for the underprivileged, the poor and the infants of illiterate or problematic parents. That scene depicts a badly functioning system and as a citizen you should feel outraged. Plato said that the educated and the priviled have the obligation to fight for the rights of those who don't know that they have them.

Rhetorical.
Yes it was but it was my way to show my disturbance.
 
Kiless said:
I'm on the other side of the planet and I get insight to this situation through a video on the internet. Should I be grateful that I can view a miscarriage of justice and say that I have witnessed it and there is evidence for a case against it happening or horrified that someone just didn't put down the &*^#$ camera and yell 'what the hell do you think you are doing??'. :(
An expert from UCLA appeared on Good Morning America this morning with Diane Sawyer and said that the school administrators did a very good job. He didn't have the same criticism you did. I think this is typical for those of us who don't work in this arena to make unwarranted assumptions. He thought the police intervention was unnecessary though.
 
Davefoc is disturbed only when he sees Israeli soldiers arresting Palestinian militants(---> please note my kindness, I refer to militants and not to terrorits).
 
CFLarsen said:
(sigh.....) If only people would read what I wrote, we would have a lot more smooth debate here.

I am not taking her to another room to calm down. I am taking her to another room so she doesn't hurt anyone. While in the room, there will be no contact with her. All that was needed was to await her mother arriving.

That's why she kept on: She got attention, attention and then more attention.
No win situation. Then we would be talking about how this girl was forcebly locked up and why couldn't the administrators care enough to talk to this girl and deal with the situation.
 
CFLarsen said:
I was asked what I would do. I am sorry if I answer questions.
I have no problems with you answering questions. It is rare for you. The problem I have is your assuming that it solved anything.

Any solution would be speculation, even yours. Or perhaps yours wouldn't?
Anything would be speculation. That is why it is wrong to assume that it would solve anything. That is my only point.
 
CFLarsen said:
(sigh.....) If only people would read what I wrote, we would have a lot more smooth debate here.

I am not taking her to another room to calm down. I am taking her to another room so she doesn't hurt anyone. While in the room, there will be no contact with her. All that was needed was to await her mother arriving.

That's why she kept on: She got attention, attention and then more attention.
You think it is a good idea to take a five year old (bodily, if necessary) having a destructive temper tantrum to another room, and leave her there, unsupervised? What if she hurt herself?

I can't believe the arrogance of your posts. You don't have kids yourself, you probably don't have much experience dealing with kids, yet you claim that "your solution" is the one that would have worked. You don't know this kid. You don't know what she would have responded to. Yet you pronounce that you are right, the professionals are wrong, and that the other posters here are just upset at you for proposing a non-violent solution.
 
How the heck did this stupid thread make it to 8 pages?

Is Claus again making demands of everyone while simultaneously avoiding any questions directed at him?


:nope:
 

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