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School threats: Why are some students charged and some not?

How do law enforcement and prosecutors decide to take legal action against a juvenile for a threat?

Law enforcement agencies have reported a slew of school threats in East Tennessee over the past several days following a deadly school shooting in Florida.

That includes in Cocke County, where a 14-year-old is charged with disorderly conduct and harassment after deputies say they found him with a "kill list."

How do law enforcement and prosecutors decide to take legal action against a juvenile for a threat?

"That particular offense in Tennessee, whether it's charged for an adult or a child, has a specific intent requirement where the person who behaves in such a way has to have intended to cause alarm by their threatening behavior," said LMU law professor April James, who is also a former juvenile court judge. "And so if the officer deems the evidence sufficient to find that the child intended to cause alarm by their behavior, then the child will be charged ... and in circumstances such as these where recent events have made threats like that more alarming to the public, it's more likely charges will be brought."

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James said evidence is how investigators determine intent.

"What did they say? To whom did they say it? How many times was it uttered? Their tone of voice?" James said.

Legal experts say if law enforcement officers believe the threat is credible and the juvenile is charged, the juvenile justice system is more about rehabilitation than punishment.

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"What can we do to save this kid, and you have to balance that with, what can we do in saving this kid to put other children or other people at risk?" attorney Dennis Francis said.

In some cases, officers will investigate a threat and find the student did not commit a crime.

James said sometimes teenagers don't think about their actions, and their intent is humor.

"It could be that the child's conduct doesn't rise to the level of a criminal charge," James said. "But in accordance with school rules, the school could perhaps discipline a child for violating some school policy."

Legal experts say juvenile records are and remain confidential throughout the child's life.

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