Slashdot Mirror


Student Satirist Gets 3 Months; the Judge, Likely More

ponraul writes "When Judge Mark A. Ciavarella Jr., 58, sentenced Hillary Transue, 17, on a harassment charge stemming from a MySpace parody of her high school's assistant principal, Hillary expected to be let off with a stern lecture; instead, the Wilkes-Barre, PA area teen got three months in a commercially operated juvenile detention center. In a reversal of fortune, Ciavarella and his colleague, Judge Conahan, 56, find themselves trying to plea-bargain an 87-month sentence in Federal correctional facilities relating to a kick-back scheme that netted the pair $2.6 Million and PA Child Care 5000 inmates." True poetic justice would be for these corrupt, callous judges to serve their sentences in the same kind of environment to which they were happy to dispatch juvenile defendants.

36 of 689 comments (clear)

  1. 3 months for satire? by wjh31 · · Score: 5, Insightful

    im suprised myspace isnt filtered in china

    1. Re:3 months for satire? by mgiuca · · Score: 3, Insightful

      Don't buy it. You can't really "satire" your high school principle; they're unlikely to meet the "public figure" criteria that would protect the person who is making fun of them from legal repercussions if anything strayed over the line.

      I doubt she was doing it for a public satire. Just an in-joke with her school.

      Maybe that doesn't hold up under the legal definition of satire, but that's what the social reasoning is behind creating a page like that.

    2. Re:3 months for satire? by Gilmoure · · Score: 4, Insightful

      C'mon, binding/imprisoning people for profit?

      And they said slavery was dead.

      --
      I drank what? -- Socrates
    3. Re:3 months for satire? by Karl+Cocknozzle · · Score: 5, Insightful

      You can't really "satire" your high school principle; they're unlikely to meet the "public figure" criteria that would protect the person who is making fun of them from legal repercussions if anything strayed over the line.

      Really? A public-school principal works for the government, in a position of authority, and has broad discretionary power over the students under their charge. They are well-known in their community and frequently act as the public-face of their organization. Certainly, a high-school principal is not as famous as, say, Barrack Obama but it is quite arguable that he is a bona fide public figure for the purposes of satire.

      --
      Who did what now?
  2. Poetic justice? by Jedi+Alec · · Score: 5, Insightful

    True poetic justice would be for these corrupt, callous judges to serve their sentences in the same kind of environment to which they were happy to dispatch juvenile defendants.

    Also operated on commercial grounds? Because the very concept of a commercial prison to me seems...something out of a really bad science fiction movie....

    --

    People replying to my sig annoy me. That's why I change it all the time.
    1. Re:Poetic justice? by sesshomaru · · Score: 3, Insightful

      Because the very concept of a commercial prison to me seems...something out of a really bad science fiction movie....

      Welcome to 21st Century America... get ready for a bumpy ride!

      --
      "MIT betrayed all of its basic principles."
    2. Re:Poetic justice? by drinkypoo · · Score: 5, Insightful

      Also operated on commercial grounds? Because the very concept of a commercial prison to me seems...something out of a really bad science fiction movie....

      It seems like something out of a particularly prescient sci-fi novel, to me.

      We the People of the United States have allowed our allegedly-elected representatives to reinstitute slavery.

      In any case, we already have slavery by proxy in this country, because we import literally tons of goods made with slave labor in China.

      If you think we did away with slavery in the USA, think again.

      As a related but not identical issue, disenfranchisement of felons means that you don't have to care how many of them you have - they can't vote, so even if you assumed that your vote counts, they would have been prevented from changing the system.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Poetic justice? by ivan256 · · Score: 4, Insightful

      The problem isn't that it was a commercially operated prison. The problem is that the payment structure was set up in such a way as to benefit the operator for an increased number of incarcerations. It shouldn't just be illegal, it should be unconstitutional for any contract or law to provide benefit to one party when another is found guilty of a crime.

    4. Re:Poetic justice? by ShieldW0lf · · Score: 3, Insightful

      They corrupted the judgment system and left psychological scars on 5000 people, and they did it for profit.

      They should be executed. If they are not executed by the system, then they should be executed by the people, lynch mob style.

      --
      -1 Uncomfortable Truth
    5. Re:Poetic justice? by Scrameustache · · Score: 5, Insightful

      The problem isn't that it was a commercially operated prison.

      It is the sole duty of the operators of a commercial prison to maximize revenue for the shareholders.

      That is at odds with the purpose of the law, which is (theoretically) to uphold justice.

      As long as there is money to be made from incarcerating people, you WILL have sentences that will send people to prison who should not be there. Corruption is inevitable when the incentive exists.

      --

      You can't take the sky from me...

    6. Re:Poetic justice? by Tiger4 · · Score: 3, Insightful
      No damages are a civil tool to compensate one person when another has injured them (or their assets) in some way. No one goes to jail over damages. Unless they fail to pay them, in which case that person has insulted the court, which would be criminal contempt.

      Damages, on the other hand, is an excellent excuse to see Glenn Close and Rose Byrne in action. Legally flimsy, but cute nonetheless.

      --
      Behold, this dreamer cometh. Come now, and let us slay him... and we shall see what will become of his dreams.
    7. Re:Poetic justice? by level4 · · Score: 5, Insightful

      And that will undo everything, will it? All those kids will be A-OK again?

      Capital punishment solves nothing, and just feeds the basest desire of humans for revenge.

      This is a terrible crime against society, I agree, and the punishment should be banishment. The system we have for that is called prison, and they should be going there for a very long time.

      While they're there, society should find a way to make sure that such a thing never happens again.

      This is the proper way to do things. Merely calling for the guilty parties' deaths is a simplistic, brutal way to conduct proceedings that should be nothing but a memory of the dark ages.

      --
      Let my new 7-digit UID be a lesson to all - write down your passwords.
    8. Re:Poetic justice? by DeadChobi · · Score: 3, Insightful

      I'd rather have them put down because they're expensive to keep and likely to perform similar crimes in the future. Plus, I'd be more inclined to accept your point of view if 87 months weren't a little over 7 years. Considering the life-changing impact that being a ward of the juvenile penal system has, 87 months is a tiny little sliver of their lives. In a perfect world they would have to spend the rest of their lives making restitution. I suppose being in with the adult criminals is as good as being in with the juvenile criminals, though. Either way they get to see what kind of culture they've exposed their "charges" to.

      In an ideal world perhaps every judge should spend a night a month observing a jail so that they understand better the environment to which they're sentencing people.

      --
      SRSLY.
    9. Re:Poetic justice? by AndersOSU · · Score: 3, Insightful

      I'm certainly not arguing for a control economy - but what we need is effective (not necessarily more, not less) government oversight. The whole idea is that if we think that e.g. the banking sector is so indispensable that it must be propped up at all costs (which it probably is) we damn well ought to be making sure they don't do objectively stupid things like leverage themselves 40:1 - and paying themselves billions for driving the company into the ground. There's little mystery why the W administration was only weakly interested in such things - they didn't think government could work.

      Why people would continue to vote for candidates who's position is that the office they're running for is ineffective is beyond me.

    10. Re:Poetic justice? by Just+Some+Guy · · Score: 5, Insightful

      Do you feel that's only getting off lightly?

      Their failed justice sent undeserving people to PMITA prison and their butts with the Constitution. They abused their authority over the lives of their subjects for nothing but money. In this case, yes, I think prison is a light sentence for them.

      --
      Dewey, what part of this looks like authorities should be involved?
    11. Re:Poetic justice? by DeadChobi · · Score: 3, Insightful

      Oh, okay, well there goes that part of my argument. One could argue that there is no take-backsies if you fuck up and imprison someone for a good part of their natural life either, but that's immaterial, considering that my principal argument is about money. Due process is important to me too, so I can see your point.

      --
      SRSLY.
    12. Re:Poetic justice? by rtechie · · Score: 4, Insightful

      Capital punishment solves nothing, and just feeds the basest desire of humans for revenge.

      What is the point of prison? This is a philosophical question and the answer to this determines whether or not you think the death penalty is a bad idea.

      One view is that prisons are "banishment" as you describe. The purpose of prison is, in theory, to simply separate the criminal from the rest of society with the primary goal of protecting the society from the criminal. No attempt is made to change the criminal in any significant way. This is the European model.

      Another view is that prison is punishment. Criminals are intended to suffer while in prison. Society is protected by deterrence, knowing the punishment that faces them criminals will be less likely to offend or re-offend. In such as system corporal punishment, especially execution, is preferred because it has a dramatic impact and it's cheaper.

      The American system combines both aspects. Criminals are separated from society for very long periods in jails where they're tortured. We, as a society, have decided this is the way to go.

      There are numerous other theories. Prisons were originally designed around the concept of penance. A prisoner would be confined with the Bible and required to take religious instruction. It's assumed the prisoner will eventually repent their sins and adopt a virtuous life whereupon they are released.

      Now, if you don't believe that deterrence works on criminals (Either it works or it doesn't, you can't say that "fear of jail" works but "fear of death" doesn't) then you shouldn't support the death penalty because it won't deter criminals.

      This is completely separate from questions on the application of the death penalty. Namely that only extremely poor mostly non-white men are executed in the USA. These judges DO NOT meet that criteria, which is why they can't get the death penalty. Even if they committed mass murders on national TV.

  3. What about the kids? by Anonymous Coward · · Score: 4, Insightful

    So do all the kids still have these marks on their records?

    If so then these judges did permanent damage to these individuals. The judges should be charged with much more serious crimes. One count for every person they fucked over. Judges especially need to be held to higher standards, put them in prison for life.

    1. Re:What about the kids? by eln · · Score: 5, Insightful

      That's not really the point. All of these kids should have their convictions vacated, and the DA's office should determine which of them, if any, they want to re-try.

      The records may be sealed, but they still exist, and they can still be accessed in reality. Furthermore, the kids still have the feeling that they've been railroaded by the system. Doing the right thing here could at least give some of them the impression that the system is capable of doing more than unjustly imprisoning them. Carrying around a chip on their shoulder that the system is out to get them will greatly impact their direction in life.

    2. Re:What about the kids? by ThogScully · · Score: 3, Insightful

      Putting them away for life just makes them a taxpayer burden. They aren't a threat to the public in any way. Instead, they should be punished appropriately. Obviously, disbarred, fined heavily since they likely aren't scraping for cash after all those kickbacks, lots of community service, loss of retirement/pension income, and a nice big felony record that will keep them from ever getting a decent job again.
      -N

      --
      I've nothing to say here...
    3. Re:What about the kids? by tixxit · · Score: 3, Insightful

      Prison is about more than just keeping threats away. They also act as deterrents for people not in prison, a source of retribution for the victims, and rehabilitation for the inmates. What he did was utterly despicable. The article said the average rate of sending youths to juvie was 1/10, and the judge was sending them at a rate of 2.5/10. That means approx. 3000 youths were sent to prison that should not have been. 3000 people had their lives affected by this. What's 3+ months of your childhood worth to you? Multiply that by 3000. The judges should be locked away for life.

    4. Re:What about the kids? by Mr.+Slippery · · Score: 3, Insightful

      They aren't a threat to the public in any way.

      No. This is collusion to commit kidnapping for profit.

      Someone with this little regard for the basic human rights of others is the worst threat to the public. They need to be forcibly segregated from the rest of us, in a place where they can receive whatever treatment is necessary to fix their broken brains, until such time as they are capable of treating their fellow humans with at least the minimum level of respect necessary to trust them to roam free among us.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  4. No... by FlyingSquidStudios · · Score: 3, Insightful

    TRUE poetic justice would see them incarcerated in the juvenile detention facilities themselves, surrounded by the very kids they sent there.

  5. justice business by gowtah · · Score: 5, Insightful

    That's what you get for setting up a privately-owned for-profit detention system.

  6. worst scum by Anonymous Coward · · Score: 5, Insightful

    These two scumbags are in my state. And I'm in law school, so they also represent my profession. I've of course been following this story on the local media.

    They sent kids to privately owned and operated juvenile detention facilities in exchange for kickbacks. They ruined the lives of children for money.

    Hangings too good for 'em.

  7. Might as well paint a target on forehead by nobodyman · · Score: 4, Insightful

    True poetic justice would be for these corrupt, callous judges to serve their sentences in the same kind of environment to which they were happy to dispatch juvenile defendants.

    I dunno, man. I'd imagine that being a former judge in a prison is right up there with being a former prosecutor. I wouldn't be surprised if they have to keep him on 24-hour isolation and/or suicide watch. He deserves much worse, but I suspect this will not be a cakewalk for him either.

  8. Only 87 months? by pluther · · Score: 5, Insightful

    1. PA Child Care should be shut down. If their business model depends on crooked judges, their business model is wrong.

    2. Now every single case that ended with juveniles sentenced there should be reviewed. (Looks like they're only looking at the one judge's 5000 cases. They need to look at all of them.) The former judge should be billed for all expenses.

    3. Whoever paid the bribes, and whoever authorized them, and whoever knew about this business model and kept quiet, also need to be tried.

    4. An appropriate punishment would be a month in jail for every month spent in the facility for every inmate he wrongfully sent there.

    5. No profit.

    --
    If the masses can keep you down, you're not the Ubermensch.
  9. Re:Recourse by wwwillem · · Score: 4, Insightful

    For her this will be much worse than just three months wasted. I guess she will now have a "criminal record". Which means that the rest of her life she will have problems getting visa's, she will have rather tough job interviews, etc. Because often enough there is the simple question "were you ever.....". And those questions aren't distinguishing between what the conviction was for, and how long ago it happened. Very sad....

    --
    Browsers shouldn't have a back button!! It's all about going forward...
  10. Re:There is actually by JohnFluxx · · Score: 4, Insightful

    > Just because the sentencing was wrong doesn't mean the crime wasn't committed.

    You're making the assumption that even though the sentence was wrong, the judgement was not. You're assuming that a 'non-corrupt' judge would have also found them all guilty.

  11. Some things should not be run for profit by NoNeeeed · · Score: 5, Insightful

    There are some things in this world that should never be run by private companies for the purposes of making a profit.

    Prisons are one of them. The idea that people can make a profit by locking people up is repugnant. Much in the same way that mercenary forces are generally a bad idea. The last people you want are those that *want* more war because that way they make more money.

    The profit incentive is fine in most cases, and generally I'm pro the free market, but there are some things we don't want to be encouraging.

    Paul

  12. Re:There is actually by Maximum+Prophet · · Score: 4, Insightful

    An AC says before if these marks are still on the records for the kids. Well why wouldn't they be? Just because the sentencing was wrong doesn't mean the crime wasn't committed.

    At least in the case of Hillary Transue there was no crime, satire is constitutionally protect free speech. The judge was obviously making up crimes so he could sentence more kids to jail. Every one of the cases this judge had will have to be reviewed and retried, or if that's too expensive, they'll just have to expunge the records of everyone.

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  13. Seriously: Execute them by wytcld · · Score: 5, Insightful

    Judicial corruption should get zero tolerance. For each of the 5000 kids sent to these private prisons for the profit of the judges, the judges should have an equal number of months to the kids' sentences removed from their lives. The punishment must fit the crime. Clearly, for the aggregate theft of life from children, these judges deserve death.

    What these judges have done, in terms of total injury to others, is far worse than a single murder. They have also undermined the faith of the public in the justice system. This faith can only be restored by reforms to the justice system so that punishments truly fit the harms caused by the crimes.

    Until we have a justice system in which men such as this face a sentence of death, we really don't have justice. Similarly, why is Bernie Madoff still walking around free? Steal $50 from a liquor store, go to jail. Steal $50 billion, and you're treated far better. And what about Dick Cheney? Our system is about punishing the poor and minorities in order to enforce a class system, not about really going after the psychopaths who are pushing our civilization over the edge.

    --
    "with their freedom lost all virtue lose" - Milton
  14. Re:They got off easy by Steauengeglase · · Score: 4, Insightful

    If you were a judge would you heavily sentence another judge? (Not that I know this is the case, there could be maximum sentencing guidelines at work here.)

  15. Anybody remember the First Ammendment? by Locke2005 · · Score: 4, Insightful
    If satire and parody constitute harassment, shouldn't the entire cast and crew of Saturday Night Live be in jail now? Those guys even harass the President!

    Note to self: If you're going to make fun of someone on MySpace, do it under an alias. Like "Bill Gates" for instance.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  16. No allegations? by pluther · · Score: 3, Insightful

    Not even an allegation of abuse?

    That seems awfully unlikely. Even if none at all were going on, there are some kids who would claim it was, if for no better reason than to fuck with the administrators, or even just to get attention.

    And the percentage of kids who would make something like that up is probably higher among those that end up getting sent to a juvenile detention facility than among the general populace.

    To go five years without even a single accusation (even if it's proven false) makes me think that complaints are simply ignored and no records kept.

    --
    If the masses can keep you down, you're not the Ubermensch.
  17. Re:There is actually by Creepy+Crawler · · Score: 5, Insightful

    During primaries lasty year, I had 2 votes: One in primaries and on in the jury box. And I consider my jury box vote so much more worthy than a primary vote.

    We saw a case where a guy was charged with a DUI. Defendant took stand and said he was going to a Sundance festival which they hold around here. He was stockpiling alcohol for the parties. He parked and started to drink, cause it was too late for pitching the tent. Cop playing rent-a-cop was watching over the festival. He claimed that he saw defendant driving erratic.

    Problem:
    1. radioed for help to an on-duty cop. aww shucks. no logs
    2. main cop said one thing in deposition. said something else in open court. lied.
    3. log books not filled out. shucks.
    4. timing on cops story didnt work out. there was an hour of unaccounted time. defendant explained what happened and made sense timewise and reasonwise.
    5. main cop was just smarmy on stand. there was stuff he was hiding and the defense attorney found it.

    Yeah, took us 5 minutes for a not guilty verdict. Took us longer to get the attorneys re-convened. However, considering the opinion in the jury room, we would have tried the cops for perjury. But thats not how our systems works :( Corrupted officials keep their jobs. hurray.

    --