Visit the U.S. Politics Online Discussion Forum Archives!

Sponsored by:

U.S. Politics Online: A Political Discussion Forum  

Bookmark Us! E-Mail DONATE NOW! Photo Gallery Document Archives Quiz! Register to Vote!!!
Go Back   U.S. Politics Online: A Political Discussion Forum > Issue Politics > Popular Crime Stories and Trials
Register Blogs FAQ Members List Calendar Mark Forums Read

Popular Crime Stories and Trials A forum to discuss high profile crime stories and trials, media circus trials, etc

Reply
 
LinkBack Thread Tools Display Modes
  #91 (permalink)  
Old 07-06-2009
drgoodtrips's Avatar
Moderator
Feel the power of the dark side.

 
Member Since: Jun 2004
Location: Chicago
Posts: 21,912

   
Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Steve View Post
Wouldn't it need to be shown that the woman intended for the girl to actually kill herself?

I think that would be a bit difficult to do. Even if the woman told the girl "the world would be better if you killed yourself", that's more akin to saying "Man, if my Dad finds out, he'll kill me" than it is to "I think you should kill yourself".

Again, I don't believe this woman is anything even approaching a decent human being.

But she's not a killer.

I’ve always had a problem with differing standards of proof in various courts. If someone is found not guilty of a crime in a criminal court, in my opinion, that should preclude any and all action against a person in a civil court. As much as I think he’s guilty, the Goldman family never should’ve been able to sue OJ Simpson. A criminal case, with a much higher standard of proof, found him not guilty. That should’ve been the end of it.

In this case, the woman did not physically kill the girl. She was mean to her, but she didn’t kill her, nor did she conspire with someone else to kill her. Ergo, she should not be held responsible for her death. To allow a civil suit, to me, would permit her to be held responsible for the death when, in fact, a court has already found her to be not liable for the death. That’s a dichotomy for which I don’t think there’s an easy answer, but it’s one which I think should be addressed and rectified…
That's something I've thought about at times as well. In addition to the valid points you raise, the criminal/civil paradigm also smells a lot like violation of the spirit of double jeopardy.
__________________
"Government big enough to supply everything you need is big enough to take everything you have... The course of history shows that as a government grows, liberty decreases."

-Thomas Jefferson
Reply With Quote
  #92 (permalink)  
Old 07-06-2009
Sunshine's Avatar
Secretary of State
So many years in one yesterday~

 
Member Since: Aug 2007
Location: Cyberspace
Posts: 4,786

United_States     Kentucky

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Steve View Post
Wouldn't it need to be shown that the woman intended for the girl to actually kill herself?

I think that would be a bit difficult to do. Even if the woman told the girl "the world would be better if you killed yourself", that's more akin to saying "Man, if my Dad finds out, he'll kill me" than it is to "I think you should kill yourself".

Again, I don't believe this woman is anything even approaching a decent human being.

But she's not a killer.

I’ve always had a problem with differing standards of proof in various courts. If someone is found not guilty of a crime in a criminal court, in my opinion, that should preclude any and all action against a person in a civil court. As much as I think he’s guilty, the Goldman family never should’ve been able to sue OJ Simpson. A criminal case, with a much higher standard of proof, found him not guilty. That should’ve been the end of it.

In this case, the woman did not physically kill the girl. She was mean to her, but she didn’t kill her, nor did she conspire with someone else to kill her. Ergo, she should not be held responsible for her death. To allow a civil suit, to me, would permit her to be held responsible for the death when, in fact, a court has already found her to be not liable for the death. That’s a dichotomy for which I don’t think there’s an easy answer, but it’s one which I think should be addressed and rectified…
Quote:
Originally Posted by drgoodtrips View Post
That's something I've thought about at times as well. In addition to the valid points you raise, the criminal/civil paradigm also smells a lot like violation of the spirit of double jeopardy.

If you had read the link I posted about IED you would have read this:

Quote:
The intent of the act need not be to bring about emotional distress. A reckless disregard for the likelihood of causing emotional distress is sufficient. For example, if a defendant refused to inform a plaintiff of the whereabouts of the plaintiff's child for several years, though that defendant knew where the child was the entire time, the defendant could be held liable for IIED even though the defendant had no intent to cause distress to the plaintiff.
And I don't want any shit about posting from Wiki.
__________________
Seek always, for by looking for one thing you will surely find another...
Gray Wolf


Reply With Quote
  #93 (permalink)  
Old 07-06-2009
Steve's Avatar
President

 
Member Since: Nov 2006
Location: San Diego
Posts: 21,282

   
Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Sunshine View Post
If you had read the link I posted about IED you would have read this:
That doesn't address the point regarding one court finding someone not guilty, and another court being able to find them guilty. That shouldn't happen. As Dr. Goodtrips said, it kind of violates the spirit of "double jeopardy"...

Quote:
And I don't want any shit about posting from Wiki.
Then don't do it.

But, please, do try to find something more convincing than Wikipedia. I would've thought a woman with your resume' would be able to find something just a bit more trustworthy...
__________________



For those who have fought to defend it, freedom has a taste the protected will never know...



If it wasn't for double standards, liberals would have no standards at all...
Reply With Quote
  #94 (permalink)  
Old 07-06-2009
President

 
Member Since: Jul 2005
Location: USA
Posts: 18,069

United_States     Russian

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Sunshine View Post
If you had read the link I posted about IED you would have read this:



And I don't want any shit about posting from Wiki.
This was brought up during the Fred Phelps protests. Of course, it was just as stupid then as it is now. Prosecuting people for hurting others' feelings, unintentionally in particular, is ridiculous. It stomps on our free speech rights. It is like forcing everyone to be a police informant, except more so since you have to inform the things you see potentially to anyone, policeman or otherwise. Do you have any clue how many people feel emotional distress when reading contrary opinions, like things about their favorite lying politician? I've seen many on this very forum defending their man to the point where they themselves look ridiculous.
Reply With Quote
  #95 (permalink)  
Old 07-06-2009
Sunshine's Avatar
Secretary of State
So many years in one yesterday~

 
Member Since: Aug 2007
Location: Cyberspace
Posts: 4,786

United_States     Kentucky

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Steve View Post
That doesn't address the point regarding one court finding someone not guilty, and another court being able to find them guilty. That shouldn't happen. As Dr. Goodtrips said, it kind of violates the spirit of "double jeopardy"...



Then don't do it.

But, please, do try to find something more convincing than Wikipedia. I would've thought a woman with your resume' would be able to find something just a bit more trustworthy...

When OSB gets back I'm going to PM him this post and tell him the mighty black and white Steve (who I am sure is bald has forbidden us from using the Wkii.)

If you want a better source, go to law school.
__________________
Seek always, for by looking for one thing you will surely find another...
Gray Wolf


Reply With Quote
  #96 (permalink)  
Old 07-06-2009
Steve's Avatar
President

 
Member Since: Nov 2006
Location: San Diego
Posts: 21,282

   
Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Sunshine View Post
When OSB gets back I'm going to PM him this post and tell him the mighty black and white Steve (who I am sure is bald has forbidden us from using the Wkii.)

If you want a better source, go to law school.
Don't get your panties in a wad, Sweetheart.

I use Wiki all the time; I've no problem with it. I would've thought a person like you, supposedly intelligent, would've sensed the sarcasm.

As for a legal opinion, though, yeah; get a hold of OSB. He's far more reliable, reasoned, and knowledgable than you...
__________________



For those who have fought to defend it, freedom has a taste the protected will never know...



If it wasn't for double standards, liberals would have no standards at all...
Reply With Quote
  #97 (permalink)  
Old 07-06-2009
Sunshine's Avatar
Secretary of State
So many years in one yesterday~

 
Member Since: Aug 2007
Location: Cyberspace
Posts: 4,786

United_States     Kentucky

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Slon View Post
This was brought up during the Fred Phelps protests. Of course, it was just as stupid then as it is now. Prosecuting people for hurting others' feelings, unintentionally in particular, is ridiculous. It stomps on our free speech rights. It is like forcing everyone to be a police informant, except more so since you have to inform the things you see potentially to anyone, policeman or otherwise. Do you have any clue how many people feel emotional distress when reading contrary opinions, like things about their favorite lying politician? I've seen many on this very forum defending their man to the point where they themselves look ridiculous.
That is ridiculous. There is a standard for IED. It is not about 'hurting feelings.' It is about something that is SO outrageous that it would cause an ordinary person to proclaim 'THAT'S OUTRAGEOUS.' Like what this woman did.

The case I recall in law school involved a coroner who took a mother to view the dead body of her missing daughter. He picked the body up by the hair of the head out of a dirt filled box and said, 'is this her?'

What this woman did to that child is outrageous. Your argument might work if it were another child. People could feel sorry for BOTH of them as there would be some very difficult days ahead for the child left alive. THIS was not another teen doing this. It was an ADULT woman whose behavior as such was completely OUTRAGEOUS!
__________________
Seek always, for by looking for one thing you will surely find another...
Gray Wolf


Reply With Quote
  #98 (permalink)  
Old 07-06-2009
President

 
Member Since: Jul 2005
Location: USA
Posts: 18,069

United_States     Russian

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Sunshine View Post
That is ridiculous. There is a standard for IED. It is not about 'hurting feelings.' It is about something that is SO outrageous that it would cause an ordinary person to proclaim 'THAT'S OUTRAGEOUS.' Like what this woman did.
WTF do you think the spirit behind free speech rights is? Is it to protect the majority from saying "All Hail the King!"? Of course not! It's to protect the minority from saying the king sucks! And it is that minority opinion that is often found to be "outrageous," making it the unpopular/minority opinion in the first place. What you're essentially saying is that we can have free speech as long as we are saying all the mainstream bullshit.
Quote:
The case I recall in law school involved a coroner who took a mother to view the dead body of her missing daughter. He picked the body up by the hair of the head out of a dirt filled box and said, 'is this her?'
Maybe a violation of local procedure, but I don't see anything particularly bad for which he should be punished.
Quote:
What this woman did to that child is outrageous. Your argument might work if it were another child. People could feel sorry for BOTH of them as there would be some very difficult days ahead for the child left alive. THIS was not another teen doing this. It was an ADULT woman whose behavior as such was completely OUTRAGEOUS!
Ah yes, we can have our free speech, just as long as we are part of a group you like or say things you like. We can't lack both. So, if we're the regular folks, we can only agree with you. And if we're the aristocracy, then we can also say something that would be "outrageous" and criminal for the regulars to say.
Reply With Quote
  #99 (permalink)  
Old 07-06-2009
fishjoel's Avatar
Secretary of Defense

 
Member Since: May 2009
Location: Pennsylvania
Posts: 2,238

United_States     Pennsylvania

Re: "Cyberbully" Case Overturned

What I find funny is that there is more outrage and protection for terrorists that would kill anyone of you on a whim and yet his girl get's nothing. We really have our priorities straight. /end sarcasm
__________________
A government which robs Peter to pay Paul can always depend on the support of Paul.
- George Bernard Shaw
Reply With Quote
  #100 (permalink)  
Old 07-06-2009
Sunshine's Avatar
Secretary of State
So many years in one yesterday~

 
Member Since: Aug 2007
Location: Cyberspace
Posts: 4,786

United_States     Kentucky

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Slon View Post
WTF do you think the spirit behind free speech rights is? Is it to protect the majority from saying "All Hail the King!"? Of course not! It's to protect the minority from saying the king sucks! And it is that minority opinion that is often found to be "outrageous," making it the unpopular/minority opinion in the first place. What you're essentially saying is that we can have free speech as long as we are saying all the mainstream bullshit.Maybe a violation of local procedure, but I don't see anything particularly bad for which he should be punished.
Ah yes, we can have our free speech, just as long as we are part of a group you like or say things you like. We can't lack both. So, if we're the regular folks, we can only agree with you. And if we're the aristocracy, then we can also say something that would be "outrageous" and criminal for the regulars to say.


The longer I stay on a thread with you the slimier I feel. G'day now.
__________________
Seek always, for by looking for one thing you will surely find another...
Gray Wolf


Reply With Quote
  #101 (permalink)  
Old 07-06-2009
Sunshine's Avatar
Secretary of State
So many years in one yesterday~

 
Member Since: Aug 2007
Location: Cyberspace
Posts: 4,786

United_States     Kentucky

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by fishjoel View Post
What I find funny is that there is more outrage and protection for terrorists that would kill anyone of you on a whim and yet his girl get's nothing. We really have our priorities straight. /end sarcasm
Quote:
The conduct must be heinous and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard. IIED is also known as the tort of "outrage," due to a classic formulation of the standard: the conduct must be such that it would cause a reasonable person to exclaim "Outrageous!" in response.

Some general factors that will persuade that the conduct was extreme and outrageous: (1) there was a pattern of conduct, not just an isolated incident; (2) the plaintiff was vulnerable and the defendant knew it; (3) the defendant was in a position of power; (4) racial epithets were used; and (5) the defendant owed the plaintiff a fiduciary duty.[8][9]
\

Of course you are correct. And our present company would have been through with her and tossed her to the curb by the time she was 4. So what's a teen to him. Refuse. That's what.

Can't we just ignore him off this island?
__________________
Seek always, for by looking for one thing you will surely find another...
Gray Wolf


Reply With Quote
  #102 (permalink)  
Old 07-06-2009
President

 
Member Since: Jul 2005
Location: USA
Posts: 18,069

United_States     Russian

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by fishjoel View Post
What I find funny is that there is more outrage and protection for terrorists that would kill anyone of you on a whim and yet his girl get's nothing. We really have our priorities straight. /end sarcasm
Probably because these suspected terrorists have been physically harmed by our government, or had their reasonable rights violated.

That's because we must be a country of just laws, not personal vendettas and "might makes right" mentality.
Reply With Quote
  #103 (permalink)  
Old 07-06-2009
Steve's Avatar
President

 
Member Since: Nov 2006
Location: San Diego
Posts: 21,282

   
Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Sunshine View Post
That is ridiculous. There is a standard for IED. It is not about 'hurting feelings.' It is about something that is SO outrageous that it would cause an ordinary person to proclaim 'THAT'S OUTRAGEOUS.' Like what this woman did.

The case I recall in law school involved a coroner who took a mother to view the dead body of her missing daughter. He picked the body up by the hair of the head out of a dirt filled box and said, 'is this her?'

What this woman did to that child is outrageous. Your argument might work if it were another child. People could feel sorry for BOTH of them as there would be some very difficult days ahead for the child left alive. THIS was not another teen doing this. It was an ADULT woman whose behavior as such was completely OUTRAGEOUS!
"Outrageous" is not illegal...
__________________



For those who have fought to defend it, freedom has a taste the protected will never know...



If it wasn't for double standards, liberals would have no standards at all...
Reply With Quote
  #104 (permalink)  
Old 07-07-2009
Kyle's Avatar
Town Council Member
Hearts Breaking Even

 
Member Since: May 2009
Location: Australia
Posts: 116

Australia    
Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by John Drake View Post
Look, what we call bullying is what adults call assault and battery. I've never yet figured why just because childen do it we're all told to ignore it. In any case, this isn't about bullying, this is about a predatory adult targeting a vulnerable child and killing her. The fact that she used the child's own illness to kill her makes her crime worse, it doesn't excuse it.
You are forgetting that this stupid little kid made choices.

She CHOSE to continue reading her Myspace.

She CHOSE to continue responding.

She CHOSE to sook about it instead of telling her parents that someone was bullying her

She CHOSE to commit suicide

She CHOSE to wrap that rope around her neck.

All were CHOICES, and all which she made, HERSELF.

She killed herself. End of story.
__________________
I'll be there for you, these five words I swear to you, when you breathe I want to be the air for you, I'll be there for you.

I'd live and I'd die for you, steal the sun from the sky for you, words can't say what a love can do
I'll be there for you



- Bon Jovi: I'll Be There For You
Reply With Quote
  #105 (permalink)  
Old 07-07-2009
John Drake's Avatar
Secretary of State
The Last Eisenhower Republican

 
Member Since: May 2008
Location: America
Posts: 4,225

   
Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Kyle View Post
You are forgetting that this stupid little kid made choices.

She CHOSE to continue reading her Myspace.

She CHOSE to continue responding.

She CHOSE to sook about it instead of telling her parents that someone was bullying her

She CHOSE to commit suicide

She CHOSE to wrap that rope around her neck.

All were CHOICES, and all which she made, HERSELF.

She killed herself. End of story.
The "stupid little girl" was also THIRTEEN YEARS OLD.

If she had put on her mothers makeup and a miniskirt, went out to a truck stop and dragged home a 30 year old American Express Driver that would be RAPE in the eyes of the law. You can't sign contracts, drink or even legally take care of yourself at that age, but by your and Slon's lights you're somehow expected to stand up to a full scale psychic attack, the deceptivness and depravity of which would cow many adults???

You're EXPECTED to be somewhat stupid at that age.

Be honest, how would you feel if this had been done to YOUR daughter? Would you still say she was just a "stupid little girl" ?
__________________
Alizee Jacotay, the reason god invented hips

Last edited by John Drake; 07-07-2009 at 07:07 AM.
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -7. The time now is 12:43 AM.


Powered by vBulletin® Version 3.8.3
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.2.0
Copyright © 2000 - 2009 U.S. Politics Online