California’s Response to School Threats: Criteria for Student Arrests

Arrests have been made in Northern California in response to threats made against local schools in the last several days.

On Monday night, authorities in Sacramento stated that a 14-year-old female student at McClatchy High School had threatened to shoot students at the school. KCRA 3 has learned that the girl was detained on these charges.

On Monday morning, a 15-year-old student from the Lodi Unified School District was taken into custody by the Lodi Police Department in relation to terroristic threats made against a nearby building. The school system announced on Tuesday that a 15-year-old student from Bear Creek High School was arrested by the Stockton police on suspicion of recording a threatening video targeting an elementary school in the area.

In relation to the cyberthreats directed towards local high schools, the Galt Police Department detained a juvenile juvenile on Tuesday.

All around the region, arrests have been made within the past week, and those few cases are just the beginning.

California's Response to School Threats Criteria for Student Arrests

Students detained for making threats against schools may face a variety of crimes, according to KCRA 3’s interview with Amar Gandhi of the Sacramento County Sheriff’s Office.

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Based on the seriousness of the threat, several charges may be brought. Potential terrorist dangers exist. Maybe there will be smaller versions, it all depends on what they announce. A lot depends on how explicit they are and whether or not it is viable, Gandhi said. To the extent that there is a real danger, we will take all necessary measures to lessen it.

When a threat isn’t believed, though, what happens then?

Because the line is hazy, it’s not easy to see that A + B equals C. Everything is done on an individual basis because there are so many aspects to consider. The position itself is not the only factor that is taken into consideration; rather, it is determined on an individual basis, according to Gandhi.

Nonetheless, Gandhi emphasized that the police take seriously situations requiring an arrest.

There will be a public execution of you, complete with handcuffs, and you will be brought to jail on that day. We aren’t concerned about how you feel right now. Going to jail is in your future. As far as your pals are concerned, you shouldn’t act heroically or play practical jokes on them. “There will be repercussions for this,” Gandhi declared.

Justice Kennedy Professor of Law Leslie Jacobs of McGeorge School of Law argues that students who threaten others are not immune to the legal repercussions of their conduct.

“The Free Speech Clause of the First Amendment does not protect threats,” Jacobs made it clear.

There is a huge difference, according to Jacobs, between vague threats and those whose precise wording makes all the difference.

How we ascertain whether or not something constitutes a danger is conditional on the specifics and setting of the situation. It all comes down to the speaker, their delivery, and the receiver’s interpretation, according to Jacobs. “The context is key; it’s about trying to decipher the speaker’s intended meaning and how that meaning would be understood by an audience.”

According to law enforcement officials who spoke with KCRA 3, although a lot of students get in trouble with the law for threatening their own schools, occasionally they threaten other schools as well. “Bad actors” may also be responsible for the dangers. A group of adults pretending to be students with the sole intention of causing mayhem.

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