Why are student-on-student crimes in high schools (like assault) often prosecuted under school rules only, and not law?
In: Other
For the same reason that your brother doesn’t get charged with assault (typically) for hitting you…they can, but it’s not normal and not required.
In most places, teachers operate under a legal situation called “in loco parentis”. It comes from English common law, but basically means somebody who’s acting in the capacity of a parent but hasn’t adopted the kid. They have parent-like responsibilities, including disipline.
It’s up to the teacher to decide what the appropriate punishment is, just like your parents can ground you (or not) without asking the state to do anything…if they think it warrants police involvement they can (and will) involve law enforcement. But most school issues don’t rise to the level of needing the police, even if they’re technically crimes. If you stole your buddies pencil case that’s certainly technically theft, but it makes a hell of a lot more sense to put you in detention than to bring in the police and courts into it.
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