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Death Sentence: a Compendium Against Assailment LINCOLN MEMORIAL UNIVERSITY LAW REVIEW __________________________________ VOLUME 8 WINTER 2020 ISSUE 1 _____________________________________ DEATH SENTENCE: A COMPENDIUM AGAINST ASSAILMENT John F. Serafine1 1 John Serafine received his J.D. from the University of Missouri- Columbia. He holds a B.S. in Administration of Justice from Arizona State University. Call 911 or the Suicide Prevention Hotline at 1-800- 273-8255 if you are feeling suicidal. There are good people who can help. See Dean Reynolds, Inside a Suicide Prevention Call Center for Veterans Responding to 1,700 Calls Each Day, CBS EVENING NEWS (Aug. 26, 2019), https://www.cbsnews.com/news/veteran-suicide- prevention-inside-suicide-prevention-call-center-for-veterans- responding-to-1700-calls-each-day/. 2 8 LMU LAW REVIEW 1 (2020) TABLE OF CONTENTS THE BEGINNING ................................................................................. 4 I. OUR PROBLEM ........................................................................... 5 A. Youth Suicide ...................................................................... 5 B. Suicide Provocation ............................................................ 8 C. Assailment Defined ........................................................... 13 II. BULLYING ................................................................................ 13 A. How Children Bully .......................................................... 13 B. When Children Bully ........................................................ 30 C. Where Children Bully ....................................................... 44 D. Why Children Bully .......................................................... 56 E. Why Bullied Children May Not Report ........................... 65 III. LAWS AGAINST BULLYING ..................................................... 71 A. High School Hazing .......................................................... 71 B. Anti-Bullying Laws .......................................................... 74 C. Criminal Laws and Traditional Bullying ......................... 77 D. Criminal Laws and Cyber Bullying .................................. 80 IV. LAWS PERTAINING TO ASSAILMENT ..................................... 82 A. The Common Law ............................................................. 82 B. Advise or Encourage Statutes ........................................... 87 C. Soliciting Suicide .............................................................. 89 D. Grace’s Law 2.0 ................................................................. 91 V. LACK OF LAW & ECONOMICS ................................................ 96 A. Legal Liability ................................................................... 96 B. Some of the Settlements .................................................... 99 C. Law Enforcement Resources Wasted .............................. 108 VI. STOPGAPS .............................................................................. 111 A. Motorcycle Escorts .......................................................... 111 B. Celebrity Assists ............................................................. 113 C. Protective Orders ............................................................ 115 D. Security Details .............................................................. 118 E. Switching Schools ........................................................... 118 F. Withdrawing From School .............................................. 121 G. Home School .................................................................... 122 H. School Discipline ............................................................. 122 I. Bullying Prevention Programs ....................................... 125 VII. SOCIAL HARM ....................................................................... 129 A. Suicidal Thoughts ........................................................... 129 B. Attempted Suicides ......................................................... 137 C. Completed Suicide ........................................................... 141 VIII. ASSAILMENT ......................................................................... 143 A. Guilty-Minded ................................................................ 143 DEATH SENTENCE 3 B. Guilty Speech .................................................................. 144 C. Assailment by Request .................................................... 148 D. Assailment by Solicitation .............................................. 149 E. Assailment by Imperative ............................................... 151 F. Assailment by Blackmail ................................................. 152 G. Assailment by Extortion ................................................. 154 H. Assailment by Temptation .............................................. 155 I. Model Assailment Law ................................................... 156 IX. TAKE-BACK DEFENSE ........................................................... 157 A. Pressure and Time .......................................................... 157 B. Police Preparedness ......................................................... 167 X. DO-IT-YOURSELF DEMOCRACY ........................................... 169 A. The Initiative Process ...................................................... 169 B. Speak to Lawmakers ........................................................ 176 C. Lawmaker Initiative ........................................................ 178 XI. FREEDOM OF RELIGION AND SPEECH .................................. 185 A. Religion as a Protective Factor ....................................... 185 B. Free Speech Jurisprudence as a Protective Factor ........... 189 THE END ......................................................................................... 199 4 8 LMU LAW REVIEW 1 (2020) THE BEGINNING Our progenitors2 were gardeners3 with an honor system in place.4 They could eat any fruit but not from the Tree of Knowledge.5 “[T]hou shall not eat of it,” God commanded Adam.6 “[F]or in the day that thou eatest thereof thou shalt surely die.”7 Satan was a murderer from the beginning.8 More subtle than any beast in the field, he prevailed upon Eve outside the presence of Adam.9 “Y[ou two] shall not surely die,” said the misanthrope unto Eve.10 Eve was wary but not nearly enough.11 Adam hearkened unto her voice,12 ingested forbidden fruit,13 and most assuredly did die.14 Satan picked on someone his own size in 29 anno Domini.15 The devil dared Christ Jesus to jump from the height of the temple.16 “If thou be the Son of God, cast thyself down: for it is written, He shall give his angels charge concerning thee: and in their hands they shall bear thee up.”17 “It is written,” Jesus answered, “Thou shalt not tempt the Lord thy God.”18 There were other temptations but Jesus did not waver.19 He began his divine mastery of Scripture at an early age20 and 2 See Genesis 3:20. 3 See id. at 2:15, 20-22. 4 See id. at 2:9, 16-17. 5 See id. at 3:2-3. 6 See id. at 2:16-17. 7 Id. at 17. 8 Compare Revelation 12:9, with John 8:44. 9 Compare Genesis 3:1-5, with 2 Corinthians 11:3. 10 See Genesis 3:4. 11 See id. at 3:6. 12 Id. at 3:17. 13 Id. at 3:6. 14 Id. at 5:5. 15 See ED HINSON & THOMAS ICE, CHARTING THE BIBLE CHRONOLOGICALLY 107 (2016). 16 See Matthew 4:5-6. 17 Id. at 4:6 (misconstruing Psalms 91:11-12). 18 Id. at 4:7 quoting Deuteronomy 6:16. 19 E.g., Luke 4:5-8. 20 See id. at 2:42-47. DEATH SENTENCE 5 was determinedly obedient to God.21 Satan never stood a chance. I. OUR PROBLEM A. YOUTH SUICIDE Unintentional injury, predominately from car wrecks, is a leading cause of death for children in the United States of America.22 So is suicide.23 According to a recent report from the U.S. National Center for Health Statistics, the suicide rate for those aged 10 to 14 nearly tripled from 2007 to 2017.24 Five- hundred, seventeen (517) children aged 10 to 14 completed suicide in 2017.25 The suicide rate for persons aged 15 to 19 also went up.26 It increased more than seventy-five percent from 2007 to 2017.27 Two-thousand, four-hundred, ninety-one (2,491) people aged 15 to 19 completed suicide in 2017.28 21 See Philippians 2:8. 22 Susan Perry, Accidents, Suicides and Homicides Lead to Rise in Death Rate for Youth Age 10-19, MINNPOST (June 6, 2018), https://www.minnpost.com/second-opinion/2018/06/accidents- suicides-and-homicides-lead-rise-death-rate-youth-age-10-19/. 23 10 Leading Causes of Injury Death by Age Group Highlighting Unintentional, United States – 2018, CTRS. FOR DISEASE CONTROL & PREVENTION, NAT’L CTR. FOR INJURY PREVENTION AND CONTROL https://www.cdc.gov/injury/wisqars/pdf/leading_causes_of_deat h_by_age_group_2018-508.pdf (last visited Oct. 3, 2020). 24 SALLY C. CURTIN & MELONIE HERON, U.S. CTRS. FOR DISEASE CONTROL & PREVENTION, NCHS DATA BRIEF NO. 352, DEATH RATES DUE TO SUICIDE AND HOMICIDE AMONG PERSONS AGED 10–24: UNITED STATES, 2000–2017 1, 1 (Oct. 2019). 25 Ann McAdams, Community Looking for Answers After 14-Year-Old’s Suicide, WECT NEWS 6 (Oct. 7, 2019), https://www.wect.com/2019/10/07/community-looking-answers- after-year-olds-suicide/. 26 CURTIN & HERON, supra note 24, at 1. 27 Id. 28Melonie Heron, Deaths: Leading Causes for 2017, NAT’L VITAL STAT. REP. 17 tbl. 1 (2019), https://www.cdc.gov/nchs/data/nvsr/nvsr68/nvsr68_06-508.pdf. 6 8 LMU LAW REVIEW 1 (2020) A noted psychologist called the new numbers “extremely disturbing.”29 Others agreed.30 “Just looking at these numbers,” said a pediatric psychiatrist, “it’s hard not to find
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