Death via text message

[peacetraveler22]

Comments

[morreth]

I think it's murder, no less. And she must be judged for the first degree murder, whatever the puishment is. If it is capital, so be it.

[peacetraveler22]

I don't understand the involuntary manslaughter charge, actually. Based on the circumstances, it should have been something akin to what you said - first degree murder. Because premeditation was clearly present on her part..."involuntary manslaughter" - this is something that is unintentional, and not premeditated. Sentencing has not yet occurred, but she faces maximum of 20 years. I think the prosecutors went for the lesser charge, because there was a greater probability of success.

[llmaxxxll]

+1. I agree.

[mb_b]

Sounds almost like a Jodi Picoult story... perhaps she'll write one on this yet.

But seriously, many a teen has been driven to suicide by peer bullying. No such cases came to courts before?

[peacetraveler22]

The laws have not yet caught up with the rapid spread of the cyber-bullying epidemic. So, in many States, there are no statutes on the books under which someone may be criminally charged. In other words, no criminal law applied to the circumstances, or especially catered to protecting cyber-bullying victims. But, sure, there have been plenty of cases and the trend will continue upward. :(

[procurator0]

The Massachusetts Judge found
...
is not it the jury's job?

[peacetraveler22]

She waived her right to a jury trial...and left her fate in the hands of a Judge. Personally, I think this was a very stupid decision on her part.

[moskitow]

I see a crime only in her knowing he is about to die and not calling anybody. So I guess, I agree with the Judge.
The problem with thousands of text messages....well any person can through the phone in the garbage and not receive a single message ever again. Unless you have mental problems or instability already you always have this option to disconnect.

[peacetraveler22]

He had some known mental problems, and I think this made the woman seem even less sympathetic and especially cruel in the Judge's eyes. The boy was an easy pawn for manipulation...but, still, you are right. Everyone has the option to disconnect, block someone from social media, change their phone number, etc. That is why the case walks a very fine line...complicated. :)

[g_kar]

In Russia we have relevant criminal rule №110, "Incitement to suicide".

[peacetraveler22]

"Incitement" - hmm, I think it is a very vague and ambiguous term. :) Is it defined in the relevant Russian statute?

[g_kar]

Here's google-translated text of the stature (I looked it through, appears OK

[peacetraveler22]

Interesting, thanks a lot! Are you a lawyer? If I already asked you, I apologize. :) I don't understand this part - "punished by forced labor for a period of up to five years." What does "forced labor" mean??

[redheadrat]

As you said, it is a modern case in modern times.

The society is slow to respond to the simple fact that people's privacy has been renegaded only to what is inside each person's brain. Physical bullying is for elementary school, soon after that it turns into verbal abuse that way too often involves publicity. What is a funny viral video for millions might be a lifetime of shame for one.

She deserves a harsh punishment, but not incarceration as I believe it is the most useless punishment of all.

[peacetraveler22]

What you wrote is exactly correct. As stated above, I also view incarceration as useless. But I've not yet decided what proper punishment should be in this instance...

[redheadrat]

Various types of community service.

Moreover, conditions and service should change depending on behavior.

Start at 10: black clothes, mix of indoor and outdoor jobs.

Be good: move indoors, then maybe to work with animals (shelters) and people

Be bad: orange robes and to clean city parks

Be worse: striped clothes and to clean city streets chain-gang style

[pasha1980]

Why do you think incarceration is useless?