Who is the Bully?

You may recall that this past January there was a troublesome suicide in which a 15-year-old ninth grader hanged herself because, as the media portrayed it at the time, she had been the subject of terrible bullying and abuse at the hands of a half-dozen of her peers - The Hadley Six.  The young girl, Phoebe Prince, had recently moved from Ireland to South Hadley Massachusetts.  Immediately after her suicide, several students were the focus of accusations claiming their bullying had directly led to Phoebe taking her life.  A(n over) zealous District Attorney, Elizabeth Scheibel, decided to charge six students with various charges relating to the tragic incident.

http://www.slate.com/id/2260952/entry/2260953/

I clearly remember discussing this with my co-workers at school.  The consensus was that this was a witch hunt. The DA was trying to win points with the community by sacrificing teenagers who may have bullied Phoebe.  The first indication to me that the whole story was not being told was that rarely enforced statutory rape laws were being used to charge the two young men involved.  In Massachusetts any sex under 16 is statutory rape.  A 17 year old and an 18 year old have been charged for allegedly having sex with the 15 year old Phoebe.  The law here was not the focus.  If it were, there would be a lot more students in trouble.  Instead, the DA is citing an infrequently used statute for leverage in her campaign.  The DA's attempt to prosecute the students for criminal homicide in Phoebe's death is also rarely used because it is rarely successful.

In her three part article "What Really Happened to Phoebe Prince?", Emily Bazelon masterfully accomplishes what rarely happens in journalism today.  She has spent the time and put forth the effort to dig into the facts of this under reported travesty.  Emily Bazelon presents a much truer explanation of what led up to Phoebe Prince's untimely death and examines how the over use of the legal system can freeze a community and prevent any effectual recovery from a tragedy like Phoebe's.  It is a longer piece then most people surfing the internet would take the time to read, but it is worth the extra time.  There are also a few links to other media or information that break up the reading.

Of interest beyond the article is the comments section.  Posts a-plenty and with extra hot sauce - flaming!  People have strong opinions about this article and the case it covers.  I must say though, I doubt more than half the people commenting actually read the whole article and did a little extra research on their own.

My favorite quote from the article is from Alan Dershowitz with regards to trying to charge the defendants with a civil rights violation with bodily injury - "That's a real stretch.  People want to think that there's always legal accountability where there should be moral accountability.  But in the criminal context, you should always err against overextending the law."

http://www.slate.com/id/2260952/entry/2260953/