Posted: February 28th, 2023

Assault and Battery on school grounds

 Discussion Prompt:

http://www.courts.mo.gov/file.jsp?id=1201

– Assessment form.CrimeJohnny Smith was arrested for Assault and Battery on school grounds. Johnny punched a teacher after he was told to leave the classroom. The teacher was not injured but was upset about the event. The teacher stated that Johnny became upset when he was told he failed reading because he lost his book. Johnny argued that he read the book but left it at home. After punching the teacher Johnny ran away from the school. He was arrested a day later in a neighboring jurisdiction. Johnny admitted to the police that he did punch the teacher. Johnny was sent to local juvenile detention because of his past record and because his uncle refused to take him home.BackgroundJohnny is 13 years-old. He lives with his uncle Ken in Fort Wayne. Johnny is originally from Columbia City. His father left when he was two years-old. His mother is addicted to crack cocaine. She abandoned Johnny twice when he was younger. The last time he was abandoned his uncle Ken agreed to take works nights and has recently been through a divorce. His wife left him and took their two children away to Toledo. Ken has been drinking to excess recently and has not been watching Johnny. Johnny stays at the house sparingly and has been picked up by the police for violating curfew twice in the last six months. Johnny does not like his uncle Ken. He does have a relationship with the next door neighbor Sallie Goldsmith. She lives alone and is 65 years-old. She feeds Johnny from time to time and he has stayed at her house. Sallie states that she has tried to care for Johnny but she caught him stealing her money and told him he had to stay away from the house.Johnny was kicked out of Southside School for fighting in 2009. He was involved in a fight with a student who called him stupid. The student had a broken nose and a finger as a result of the fight. Johnny had also received a suspension for bringing a knife to school and arguing with a teacher. Despite his problems at school Johnny is a smart individual who tests high in math and English. Johnny was enrolled in Hobson Charter School after he was expelled from Southside. Hobson is known as a school that engages children and will help with problem students. When Johnny enrolled he was tested and diagnosed with ADHD. He seemed to be doing well up to the incident.Johnny has a juvenile record beginning with his first arrest at the age of nine for assault and battery. He has been charged with possession of a weapon at school, violating curfew (2), larceny and truancy. He also escaped from the detention facility last year and was eventually arrested this past July when he was found in a crack house sleeping.Your job is to complete the risk assessment using the risk assessment from Washington State. If something is missing you will have to ad-lib. Discuss:

• Your score
• Would you recommend restorative justice based on your score?
• Did the form help in your determination?
• Were there other factors not covered in the form to help you with your determination?

2-3

JUVENILE NAME ____________________________________ JUVENILE ID _____________________________

JUVENILE DATE OF BIRTH _____/_____/_____ SEX: _____ M _____ F SS# _______ – _______ -________

JUVENILE ACTIVE CASE ID __________________________________

PRESENT OFFENSE CODE (List multiple offenses) ________________ _______________ ______________

DATE REFERRAL RECEIVED _____/______/_____ DATE FORM COMPLETED ______/______/______

COUNTY __________________ CIRCUIT __________ JUVENILE OFFICER ______________________________

THE MISSOURI JUVENILE RISK ASSESSMENT

2017

Age at 1st Referral
16…………………………………….-2
15 ………………………………………………… 0
14 ………………………………………………… 0
13 ………………………………………………… 0
12 and under…………………………..1

Prior Referrals
None …………………………………………….. 0
One or more ………………………………….. 2
(Actual number of referrals______)

Assault Referrals
No prior or present referrals
for assault ……………………………………… 0
One or more prior or present
referral for misdemeanor assault ………. 1
One or more prior or present referrals
for felony assault ……………………………. 2
(Actual number of referrals______)

History of Placement
No prior out-of-home placement………. 0
Prior out-of-home placement …………… 1

Peer Relationships
Neutral influence ……………………………. 0
Negative influence …………………………. 1
Strong negative influence ……………….. 2

History of Child Abuse
No history of child abuse/neglect ……… 0
History of child abuse/neglect………….. 1
(Petition filed/DFS finding of
probable cause)

Substance Abuse
No alcohol or drug abuse problem ……. 0
Moderate alcohol and/or drug
abuse problem ……………………………….. 1
Severe alcohol and/or drug
abuse/dependence ………………………….. 2

School Attendance/Disciplinary
No or only minor problems…………..-1
Moderate problems ………………………… 0
Severe problems …………………………….. 1

If you did not use a sanction
recommended by the matrix, check
one of the following reasons why:

_____ Nature of the offense
_____ Severity of problems associated
with one or more risk factors
_____ Mitigating or aggravating
circumstances
_____ Judicial decision

Parental Management Style
Effective management style ……………… 0
Moderately ineffective management
style ……………………………………………… 1
Severely ineffective management
style ……………………………………………… 2

Parental History of Incarceration
No prior incarceration ……………………… 0
Prior incarceration ………………………….. 1

RISK SCORE:

RISK LEVEL:
8 & above = High Risk
1 – 7 = Moderate Risk
-3 – 0 = Low Risk

Motion to dismiss for
certification sustained:

Check action taken (one):
______ Informal Adjustment
______ Formal Process/Adjudication

Check all sanctions you used. A
Disposition or Sanction needs to be
applied within JIS

_____ None

_____ Warned/Counseled
_____ Restitution
_____ Community Service
_____ Court Fees & Assessment
_____ Supervision
_____ Day Treatment
_____ Intensive Supervision
_____ Court Residential Placement
_____ Commitment to DYS
_____ Other: _____________________