Bacon's Rebellion

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Red Flags in Fairfax County

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sherlockj
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by James C. Sherlock

Restorative justice (RJ) in Fairfax County Public Schools (FCPS) and Commonwealth Attorney Steve Descano’s progressive “reforms” of the criminal justice system had better work.

Because they virtually eliminate the very records of criminal and mentally disturbed misconduct by juveniles needed to support gun-purchase background checks.

FCPS asserts that their RJ system results in better-behaved students.

Here is that county’s paradigm comparison. What other choice do we have, it blares, than RJ?

Below is how they have described the FCPS RJ continuum. Note the “requires training and certification” leaves out from those requirements skill, experience and fearlessness of career consequences.

Then, they actively discourage court involvement.

One of the “collateral consequences” of “early court involvement” missing from the FCPS slide is that it develops a record that will support red flag laws.

That FCPS presentation shows, if little else, that wishes can become horses in PowerPoint, a secure bastion of both free speech and fantasy.

FCPS is enabled by the Constitution of Virginia to establish whatever program for student discipline it wishes. The FCPS RJ policy can be effective if professionally conducted.

But it will take not only trained, but very skilled, dedicated and fearless professionals to separate the wheat from the chaff. We don’t know how professionally it is applied in each of the FCPS schools. Neither does FCPS headquarters.

It can work in some cases, in others it will shield a disturbed and dangerous kid from identification by the justice or mental health systems.

Mr. Descano is there to ensure that reports are not turned into indictments to create a court record.

Red Flag laws frustrated. The plummeting data on school suspensions and wide variances in those data school-to-school in the same divisions together prove what we already know. Reportable and referable offenses are in the eye of the beholder, adjusted for pressure to minimize the numbers.

Principals in FCPS would be foolish to suspend, expel or refer any student to a court or mental health services who was not caught in the commission of a violent felony in school. Examining state data on Fairfax County schools offenses and expulsions, they are not fools.

But even referral to the court system requires prosecution. In Commonwealth Attorney Steve Descano’s Fairfax County that is very, very unlikely to happen.

Both Descano and FCPS will strongly endorse Red Flag laws. In doing so, they will ignore the consequences of their own actions to eliminate red flags.

Citizens of Fairfax County can applaud the intentions of both, but they cannot deny this particular consequence.

Next stop for criminal and mentally disturbed Fairfax County youth, the gun store.

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24 responses to “Red Flags in Fairfax County”

  1. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    Conservatives generally don’t like red flag laws because they infringe on a person’s right to possess a firearm. Now, they are complaining because a lack of record make it hard to enforce red flag laws. Make up your mind.

    This issue is red herring anyway. The law says that a magistrate or judge may consider “any relevant evidence” when deciding whether to issue a red flag order. What triggers these cases is someone making threats or violent acts. If school officials or teachers have reason to suspect that a kid poses a serious danger to others, they can, and should, immediately alert law enforcement. Before a red flag order can be issue based on a complaint brought to the magistrate, the law requires a independent investigation. The cops know the best place to look to determine if the kid is a threat is not school disciplinary records, but the kid’s social media accounts. What is he saying on Twitter, Facebook, TikTok, etc.

    This post is just another excuse to poke at Fairfax County and Steve Descanos.

    1. Stephen Haner Avatar
      Stephen Haner

      I think some type of “red flag” approach is demanded. And I’m not the only “conservative” to think so, but of course we also demand a fair process with a hearing, etc. Guns can be impounded. Like felons and those with a finding of mental disturbance, the individuals can then be prevented from new purchases. And a straw purchase on their behalf becomes a major, major felony. Yes, any juvenile record should part of the review.

      Yes, I’m in the “people kill people” camp. I’m not in support of most of the other nonsense you and your friends are pushing. I could be talked into a waiting period, having seen a case where somebody bought a gun in anger and killed somebody in the next hour. I was okay with the one handgun a month rule (two per month for a loving couple.)

    2. Matt Adams Avatar
      Matt Adams

      I don’t think you’ve ever met or committed with a conservative in you’re entire life. That is evident by your never ending broad brush statements regarding them. Much like Larry you haven’t a clue about what you speak, yet you run your mouth constantly.

      Red Flag laws are fine and dandy as long as someone has due process and redress.

      Yours is just another post to defend your side of the political spectrum. Which is par for the course with you as you’re nothing but a pompous partisan sycophant.

    3. James McCarthy Avatar
      James McCarthy

      Red flag laws hardly encroach upon the 2A right. The intent is to ensure the safety of the gun possessor and neighbors.

      1. James C. Sherlock Avatar
        James C. Sherlock

        We agree. Please see my response to Dick.

        1. James McCarthy Avatar
          James McCarthy

          Your iteration focuses upon the county school system’s potential to scrub a record of mental health intervention. The likelihood of such youth as the object of a red flag proceeding is remote. In the long run, participation in restorative Justice process is more promising.

    4. Stephen Haner Avatar
      Stephen Haner

      I think some type of “red flag” approach is demanded. And I’m not the only “conservative” to think so, but of course we also demand a fair process with a hearing, etc. Guns can be impounded. Like felons and those with a finding of mental disturbance, the individuals can then be prevented from new purchases. And a straw purchase on their behalf becomes a major, major felony. Yes, any juvenile record should part of the review.

      Yes, I’m in the “people kill people” camp. I’m not in support of most of the other nonsense you and your friends are pushing. I could be talked into a waiting period, having seen a case where somebody bought a gun in anger and killed somebody in the next hour. I was okay with the one handgun a month rule (two per month for a loving couple.)

    5. James C. Sherlock Avatar
      James C. Sherlock

      Two straw men in one comment, Dick.
      1. “Conservatives don’t like red flag laws”? Excellent straw man. Where exactly did you get that nonsense, Dick?

      2. “The cops know where to look – social media”. Are you familiar at all with who runs background checks for the purchase of a firearm?

      Answer: The National Instant Criminal Background System operated by the FBI. NICS conducts background checks on people who want to own a firearm or explosive, as required by law. When a person tries to buy a firearm, the seller, known as a Federal Firearms Licensee (FFL), contacts NICS electronically or by phone. The prospective buyer fills out the ATF form, and the FFL relays that information to the NICS.

      NICS provides full service to the FFLs in 31 states, five U.S. territories, and the District of Columbia. The NICS provides partial service to six states. The remaining 13 states perform their own checks through the NICS. Virginia is one of the 13. Virginia the State Police electronically accesses the NCIS database. I suspect that is because we have a one gun a month rule that exceeds federal requirements.

      The NCIS data categories do not include social media searches.

      If you think the State Police do a social media search for every gun purchase background check, you are mistaken.

      1. Dick Hall-Sizemore Avatar
        Dick Hall-Sizemore

        1. The 2020 vote on SB 240, Virginia’s red flag law, which has due process protections, was 21-19 in the Senate and 53-47 in the House. All the “no” votes were from Republicans, including our now Attorney General, Mr. Miyares.

        2. I am not talking about a criminal background check for the purchase of a firearm. A red flag order is different. The red flag order providing for the temporary confiscation of a firearm or bar from purchasing one is issued by a magistrate or judge, after a complaint is filed, the judicial official decides it may have merit, and an independent investigation is conducted. See Sec. 19.152.13, Code of Virginia.. https://law.lis.virginia.gov/vacode/title19.2/chapter9.2/section19.2-152.13/

        1. James C. Sherlock Avatar
          James C. Sherlock

          Your brief mention of the law in question does not describe the objections of the minority. The language to which the minority objected was likely:

          “In determining whether probable cause for the issuance of an order exists, the judge or magistrate shall consider any relevant evidence, including any recent act of violence, force, or threat as defined in § 19.2-152.7:1 by such person directed toward another person or toward himself. No petition shall be filed unless an independent investigation has been conducted by law enforcement that determines that grounds for the petition exist.”

          I suspect it was the “any relevant evidence” language that was the problem for many.

          I did not follow that debate, but many in the minority likely objected to the looseness of that description.

          That does not indicate opposition to red flag orders in general or emergency red flag orders in particular.

          1. Dick Hall-Sizemore Avatar
            Dick Hall-Sizemore

            You are grasping at straws to defend Republican opposition to this bill. What is wrong with “any relevant evidence”? Would they have restricted it to criminal record or school discipline records?

          2. James C. Sherlock Avatar
            James C. Sherlock

            The alternative is “admissible evidence”.

        2. James C. Sherlock Avatar
          James C. Sherlock

          Your brief mention of the law in question does not describe the objections of the minority. The language to which the minority objected was likely:

          “In determining whether probable cause for the issuance of an order exists, the judge or magistrate shall consider any relevant evidence, including any recent act of violence, force, or threat as defined in § 19.2-152.7:1 by such person directed toward another person or toward himself. No petition shall be filed unless an independent investigation has been conducted by law enforcement that determines that grounds for the petition exist.”

          I suspect it was the “any relevant evidence” language that was the problem for many.

          I did not follow that debate, but many in the minority likely objected to the looseness of that description.

          That does not indicate opposition to red flag orders in general or emergency red flag orders in particular.

  2. Stephen Haner Avatar
    Stephen Haner

    You make an excellent point. You need that record if you are making some motion to remove guns from the household and put a person on the list to be denied future sales based on previous behavior. The law of unintended consequences strikes again!

    1. Nancy Naive Avatar
      Nancy Naive

      Or…

    2. WayneS Avatar
      WayneS

      I do not think it is unintended at all.

      More shootings means leftist prosecutors [and other leftists] have more ammunition to try to pass laws restricting the rights of law abiding citizens. Doing anything (other than banning guns) that might successfully reduce the number of firearms-related crimes harms their efforts to implement ever-increasing government controls over ‘we the people’.

  3. James McCarthy Avatar
    James McCarthy

    Sadly, immigrants were far too occupied with replacing indigenous peoples to learn some lessons about restorative Justice, a hallmark of those cultures. It was of higher importance to the immigrants to record written deeds and treaties (only to be ignored) than gain insight. Hundreds of years later, some see RJ as helpful.

    1. James C. Sherlock Avatar
      James C. Sherlock

      Who knew?

      No need to answer here. But ask yourself if you were ever bullied in school or knew some kid who was. Were you or the kid you knew scared of the bully? Were you or she likely to report the bullying if you had to sit in a restorative justice circle across from that kid as the accuser?

      Didn’t think so.

      1. James McCarthy Avatar
        James McCarthy

        You ignore the issue. Yes, it’s hundreds of years experience with retributive Justice which fails to call upon community opprobrium to establish mores and norms locally.

  4. walter smith Avatar
    walter smith

    The Liberals normalize aberrant behavior – they subsidize it, they litigate to legalize it (look at Risa Goluboff’s entire legal career) then when the natural result of getting more aberrant behavior happens, they blame it on something other than human agency, facilitated by them.
    Nearly every kid in a school shooting (1) broken home/no father present; (2) psychotropic drugs; and (3) plenty of red flags already known…but putting it on his record would be mean! (Think Obama disparate impact refusal to punish “minorities” (so they can kill later…cuz equity!)).
    What “conservatives” don’t like about “red flags” is Lefties can’t be trusted to not be political – see Peter Navarro arrest, Roger Stone arrest, Michael Flynn persecution, while George Floyd rioters walk and J6ers get railroaded. Sussmans walk…
    That’s the problem with “red flag” laws – Lefties will use them to take guns from their “enemies” (otherwise known as people who haven’t been educated enough to be stupid enough to believe a man can have a baby).

    1. James McCarthy Avatar
      James McCarthy

      Inane screed!!!

      1. walter smith Avatar
        walter smith

        No, it wasn’t inane. It was quite serious and quite true. And you are sorta like Larry. If he disagrees, then it confirms I am right. Like your down votes. Nikolas Cruz would have/should have been prevented, but Obama DOE disparate impact stat rules led the School Board not to denote discipline of the “Latin” kid, so he was able to murder a bunch. Also, the gun free zone laws are counterproductive. If the evil kids feared guns would be there, they would be far less likely to do their evil. Why try a mass shooting if you get killed before you can get going?

        1. LarrytheG Avatar
          LarrytheG

          naw, it was inane… for sure…

          1. walter smith Avatar
            walter smith

            Says the Father of Inanity…
            The mainstream narrative is everywhere. We don’t really need you, Larry, to repeat it mindlessly here.

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