I brought in a decorative knife when I was in kindergarten, and I was punished for it. The principal called me to his office and called my mother and made sure I didn't bring it in again. I was devastated. Left quite an impression on me because, you see, I was 5. Do you think I knew there was a rule against bringing in knives? of course not! I was 5! I didn't read the fucking rulebook, because I could barely read! And you think that suspending a kid for 45 days for something like that could ever be just? Why? because his fucking parents didn't know the rules? You want to punish a five year old kid for his parents making a technical mistake when nothing bad even came of it? Gimme a fucking break!
Oh cry me a river. I work with 5-year-olds all day. As adorable and innocent as they are, they are more aware of the rules than you're admitting. And they -know- when they're doing something wrong, and more often than not, they can figure out if something's questionable, even if by their 5-year-old logic, they eventually decide it's okay.
The fact that he got this utensil knife from the boyscouts is pretty telling to me. I'd be shocked if they didn't hand them out along with a warning to specifically NOT bring them to school. Especially since something like that is often given out as a badge of responsibility...
The kid is young and not malicious from what I can tell, but he's more culpable than you're implying.
Personally, I would have just confiscated the item and called his parents. Depending on what they said, I'd have suspended him for, at most, a week.
But indeed, I'm still of the opinion that some kind of punishment was necessary, though the degree of the punishment is where I think discretion could have come into play. Preferably by more than one individual to ensure 'fairness'. And that would solve all my problems with the issue.
Still, there seems to be some dissonance in this topic in particular on whether or not to trust people with this kind of power. It's been shown pretty clearly that people abuse discretion when it's given to them, but when someone tries to equalize things, then suddenly there's an uproar of 'but common discretion should prevail!'.
Can we have it both ways? ...It'd be nice, but I'm not sure I trust people enough for that.