NCJ Number
104899
Date Published
1986
Length
117 pages
Annotation
This text for lawyers and school authorities provides a concise guide to protecting the rights of school crime victims.
Abstract
Following a consideration of the scope of the problem of school crime, victims' rights to safe schools as set forth by California statute and in tort law are delineated; a number of initiatives such as victim services and compensation are described. A review of victims' rights litigation examines the negligence theory of tort liability, special considerations in such cases, and alternative remedies for assuring victims' rights. Three classes of victims' rights litigation are identified: those involving victims against perpetrators, perpetrators against victims, and victims against third parties. A consideration of litigation involving victims' rights in schools examines the requirements for suit and discusses sovereign, official, and charitable immunity, as well as insurance waiver of immunity. Issues of relevance to claims of failure to prevent both student and nonstudent crime and violence then are discussed. Finally, the responsibilities of schools, students, parents, and the community to provide safe schools are outlined, and a checklist for providing safe schools is presented. Chapter footnotes, index, and listing of case law authorities.