CAS700850
Member
I've read enough posts around here about zero tolerance policies at school that I thought this case would be of interest to many of you.
http://www.ohio.com/news/16621346.html
Here's the issue in a nutshell. Kid caught with pocket knife at school. Charged with felony charge of Illegal Conveyance of a Dealdy Weapon into a School Safety Zone. Ohio Revised Code section 2923.122. Under Ohio law, an object is deemed a "Deadly weapon" is it is (1) capable of causing death and (2) is designed, used as, or carried as a weapon. In teh case, the claim is that he just had a "boy scout" knife in his pocket, and that he did not use or carry it as a weapon, and it is clearly not designed as a weapon. Therefore, it is not a deadly weapon. This argument failed at the trial court and Court of Appeals (don't ask me why, I'm still reading into it.) The case is headed to the Ohio Ssupreme COurt on the issue.
This may be of concern for you all for two reassons. First, it is a significant challenge to the zero tolerance rules we've beaten about around here for some time. Second, it could well impact the very definition of deadly weapon in Ohio. On one hand, if the Supreme Court finds that the conviction is solid, they may well be ruling that all knives are deadly weapons, which would make all of us subject to CCW and other charges just for dropping a Swiss Army Knife in our pocket. On the other hand, if they throw out the conviction, it may well throw out some of the zero tolerance crap we've been reading about.
Personally, and professionally (I am a lawyer in real life ), I find the law to be common sense as it is on the books now. Carrying a tool in your pocket is not a crime unless and until you use it as a weapon. On the other hand, if you've got a trench knife tucked in your belt, it probably ain't for cutting apples. My concern is if the Supreme Court tosses the definition for some reason, the legislators will come up with something even worse, like a blade length law or something else that will determine deadly weapon status beased upon appearances.
http://www.ohio.com/news/16621346.html
Here's the issue in a nutshell. Kid caught with pocket knife at school. Charged with felony charge of Illegal Conveyance of a Dealdy Weapon into a School Safety Zone. Ohio Revised Code section 2923.122. Under Ohio law, an object is deemed a "Deadly weapon" is it is (1) capable of causing death and (2) is designed, used as, or carried as a weapon. In teh case, the claim is that he just had a "boy scout" knife in his pocket, and that he did not use or carry it as a weapon, and it is clearly not designed as a weapon. Therefore, it is not a deadly weapon. This argument failed at the trial court and Court of Appeals (don't ask me why, I'm still reading into it.) The case is headed to the Ohio Ssupreme COurt on the issue.
This may be of concern for you all for two reassons. First, it is a significant challenge to the zero tolerance rules we've beaten about around here for some time. Second, it could well impact the very definition of deadly weapon in Ohio. On one hand, if the Supreme Court finds that the conviction is solid, they may well be ruling that all knives are deadly weapons, which would make all of us subject to CCW and other charges just for dropping a Swiss Army Knife in our pocket. On the other hand, if they throw out the conviction, it may well throw out some of the zero tolerance crap we've been reading about.
Personally, and professionally (I am a lawyer in real life ), I find the law to be common sense as it is on the books now. Carrying a tool in your pocket is not a crime unless and until you use it as a weapon. On the other hand, if you've got a trench knife tucked in your belt, it probably ain't for cutting apples. My concern is if the Supreme Court tosses the definition for some reason, the legislators will come up with something even worse, like a blade length law or something else that will determine deadly weapon status beased upon appearances.
