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Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

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Copyright, 2014
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May 20, 2011
Judge Tom
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1

Police pepper spray child at school

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There is a difference between corporal punishment at school and using physical restraint with a student who presents a danger to others. Most states have banned swats and other forms of physical discipline by educators. But breaking up a fight or pacifying an out-of-control student is a common occurrence. All states authorize intervention by staff and faculty to prevent personal injury or property damage.

Consider the case of 8-year old Aidan Elliott. He is in a program for children with behavior problems at Glennon Heights Elementary School in Colorado. The police had been called to the school on two previous occasions and succeeded in calming him down.

In February, 2011, they were again called to the school. Aidan had thrown a TV and chairs in his classroom. He was trying to use a cart to break through a door where the teacher and classmates fled for safety. When the police arrived, Aidan was holding a foot-long piece of wood trim and a cardboard box in his other hand. “Come get me, f__kers” he yelled. When they failed at calming the child down, the police squirted Aidan with pepper spray. He deflected it with the cardboard, but a second squirt sent him to the floor.

Photo by US ACE Public Affairs (Flickr)

Aidan’s mother was called to the school. When Aidan told her he had been hit with pepper spray, she reportedly said “Well, you probably deserved it.” However, within a short time, Aidan and his mother were on TV claiming the police action was excessive. The officers commented that either they or Aidan could have been seriously injured if they had resorted to a hands-on approach.

Do you think the police were wrong in using pepper spray in this situation? Why or why not? Since they knew Aidan from earlier encounters, didn’t they know his capability to act out further and injure someone? Did the police show restraint in not using a Taser-gun to stop him?

juvenile lawspolice encountersrights at school
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Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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1 Comment

  • Alyssa Miller
    June 14, 2011 7:06 pm count( 0 )

    My first reaction? WHY WOULD YOU USE THAT ON AN EIGHT YEAR OLD?! But when I read the article- sure, it sucked, but he was trying to attack other kids. The only other option would’ve been to shove him to the floor and grapple with him, which really could’ve gotten someone hurt. If you ever had to restrain a younger cousin/sibling you know what I mean when I say that eight year olds really can put up a fight. The chemicals will wash off. They didn’t tase him or shoot him, and no one got seriously hurt.