Wednesday, March 21, 2012
course, this led to a flurry of attempts enact laws "cyberbullying" - trying to do is a crime of some sort to be a reflex online. This is problematic for a variety of reasons, not least because it raises important First Amendment, in part because "an idiot" is very subjective. But the worst is that much of what is considered "unfair" conduct is determined after the other party commits suicide. This is very problematic - or not
their actions
are considered criminals depends almost exclusively on the information"m thinking of it all After hearing the guilty verdict against Dharun Ravi - Rutgers student who secretly filmed his roommate engaged in sex with another man. This roommate, Tyler Clementi committed suicide after learning that to be filmed. As in the case of Lori Drew, the bulk of the prosecution focused on the dead teenager - and you can understand why. This is a horrible (and scary) story. But again, the reaction is much more based on the final results, instead of the original action. No doubt he did Ravi was negligible, but is it criminal? Law Professor Paul Butler has an opinion an excellent explanation of why it is an overreaction. Stipulates clear that Ravi was immature and did something nasty to the invasion of the privacy of your roommate, but the desire to see him locked up (and apparently there is a good chance you will be deported to India, despite I have not lived there since he was 2 years old) is almost entirely due to the tragic death of Clementi:
other person reacts
aa for them. If you shake their actions, then fine. If you commit suicide, they punish you. Therefore, the incentive is, therefore, made for children are seriously injured, if someone is in a medium for them, increasing the likelihood that the bully be punished. This does not sound like a good incentive system.
for their stupidity, Ravi should be embarrassed by their peers and expelled from their bedroom bedroom, but should not be sent to prison for years and then removed from the United States.
Let's be honest. Many people want a pound of meat Ravi because he is blamed for the death of Clementi. Tyler reaction was tragic, and was clean .... No judge in the country would have allowed a process of murder, because, legally speaking, Ravi not killed, nor was reasonably foreseeable. Among the millions who are bullied or who suffer invasion of privacy, some commit suicide.
[....]
As Butler points out, the race for the criminal justice system, and the emphasis on blame, led Ravi
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