Fightin’ and Fussin’:An Examination of School Arrests, Adjudications, and Dispositions in Delaware

Chief Judge Chandlee Johnson Kuhn

Family Court 

of the State of Delaware

Kerrin C. Wolf, JD

Doctoral Candidate

School of Public Policy 

and Administration

University of Delaware

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Agenda

An Introduction to Delaware

School Discipline in Delaware

Research Questions

Methodology

Findings

Offense Types

Offender Profiles

Court Outcomes

Putting the Findings to Use

Concluding Thoughts

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Delaware

State Population:	 

907,135

Public School Population:

129,395 

Counties:
        - New Castle (Wilmington)
        - Kent (Dover)
        - Sussex (Georgetown)

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Statemaster.com (2012); U.S. Census Bureau (2012); State of Delaware (2011a). 

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School Discipline in Delaware
        - Zero tolerance policies 
        - School Crimes Law 
        - Security cameras
        - School resource officers

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State of Delaware (2011b)
| 2010-2011 School Year       |
|-----------------------------|
| Suspensions                 | 58,846 |
| Expulsions                  | 132 |
| Students Suspended/Expelled | 20,238 |

Research Questions

During the 2010-2011 school year:

What types of offenses lead to school arrests?

What are the characteristics of arrested students?

What are the court outcomes for the arrested students?

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Methodology
        - Created database of ALL school arrests during the 2010-2011 school year
        - Computerized files (FAMIS)
        - Paper files maintained by Family Court of Delaware in each county
        - Produced descriptive statistics

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School Arrests in Delaware: The Basics

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* 16% of all juvenile arrests (Sept. 2010-June 2011)
| Total                   | 739* |
|-------------------------|------|
| High School             | 333  |
| Middle School           | 269  |
| Elementary School       | 12   |
| Charter School          | 15   |
| Alternative School      | 50   |
| Other Specialty Schools | 26   |
| Busses                  | 14   |

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Criminal Offense Categories in Delaware
| Offense Category         | Example                   |
|--------------------------|---------------------------|
| Felony A                 | Murder in the 1st Degree  |
| Felony B                 | Rape in the 2nd Degree    |
| Felony C                 | Rape in the 4th Degree    |
| Felony D                 | Assault in the 2nd Degree |
| Felony E                 | Aggravated Menacing       |
| Felony F                 | Riot                      |
| Felony G                 | CCDW                      |
| Misdemeanor A            | Assault in the 3rd Degree |
| Misdemeanor B            | Lewdness                  |
| Misdemeanor Unclassified | Disorderly Conduct        |
| Violation                | Underage Drinking         |

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* 49% of all juvenile arrests for disorderly conduct occurred in schools (Sept. 2010-June 2011). 

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School Arrests

Delinquent

Dismissal

Diversion

Outright

Dismissal

Level 3A

Witness Failure to Appear

Prosecutorial Merit

Delinq. for Other Charges

Other

School Diversion

Mediation/Arbitration

Probation Before Adjud.

Other

Level 3

Level 4

Level 5

Level 2

Level 1

4%

1%

19%

13%

50%

13%

26%

74%

37%

63%

41%

34%

13%

12%

39%

31%

21%

8%

Notable Findings – Arrested Students
        - Schools are exercising discretion – most criminal offenses in schools did not lead to arrests
        - The offenses that did lead to arrests were predominantly minor and predominantly for fighting or disorderly behavior
        - Black students were 3.5 times more likely to be arrested in school than White students
        - Females students made up a larger percentage   of arrests in schools than on the streets
        - Half of the arrested students had no JJ  contact before being arrested in school

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Notable Findings – Court Outcomes
        - Most arrests did not result in delinquency adjudications
        - Almost half of the students arrested were diverted

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Putting the Findings to Use
        - Family Court is utilizing resources on school arrests for minor offenses that could be used elsewhere
        - Students are amassing arrest records for minor offenses
        - Current Diversionary Programs
        - School Diversion
        - Arbitration and Mediation
        - Probation before Adjudication

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Putting the Findings to Use

Alternative Approaches
        - Civil Citations
        - Informal policies
        - Peer Courts 
        - Graduated Sanctions 

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Putting the Findings to Use

Re-writing The School Crimes Law
        - Stakeholders already trying to address this issue
        - Delaware already has network in place 

Data provides tangible proof

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Concluding Thoughts

Fightin’ and fussin’ are normal adolescent behaviors.

Fightin’ can be unsafe. 

Fussin’ can be disruptive.

Schools, with the support of the courts, must find productive and efficient ways of addressing this behavior.

Schools and courts must be aware of how their approaches to school discipline affect different student populations.

Both schools and courts should take advantage of the modern era of data to help guide their efforts to meet this complicated goal.

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References

State of Delaware. (2011a). School profile. Retrieved from http://profiles.doe.k12.de.us/SchoolProfiles/State/Student.aspx.

State of Delaware. (2011b). School safety and discipline. Retrieved from http://profiles.doe.k12.de.us/SchoolProfiles/CommonControls/Reporting.aspx?districtCode=0&schoolCode=0&dataBlock=Safety&catBlock=Suspensions&Language=English&type=CatUrl

Statemaster.com. (2012). Delaware base map. Retrieved from http://images.statemaster.com/images/motw/united_states/delaware_90.jpg

United States Census Bureau [U.S. Census Bureau]. (2012). State and county quick facts: Delaware.  Retrieved from http://quickfacts.census.gov/qfd/states/10000.html

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