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Rutgers Student Ravi Convicted of Bias Intimidation and Spying

In 2010, Rutgers University student Dharun Ravi used his computer's webcam to spy on the activities of his gay roommate, Tyler Clementi, and commented about it publicly on Twitter. Days later, Clementi committed suicide. Ravi was indicted on 15 charges, going to trial last month. Now, reader doston sends word that the trial has ended, and Ravi has been found guilty on all 15 charges, though the jury returned a not guilty verdict on aspects of certain charges. "After less than three full days of deliberations, the five men and seven women of the jury found Dharun Ravi, 20 years old, guilty of invading the privacy of his 18-year-old roommate, Tyler Clementi, and his dorm-room date. They also found that Ravi was motivated by bias under a New Jersey hate-crime law that had been largely untested so far. ... The jury had been asked to decide Ravi’s motivations when he trained his webcam on Clementi and his date on two separate occasions in September 2010, in a case that set off a national conversation about cyber-bullying and treatment of gay youth. ... Ravi faces up to 10 years in prison on most serious bias intimidation convictions, but is likely to receive a lesser sentence based on sentencing guidelines because he is a first time offender. The India-born Ravi, who has spent most of his life in the U.S. as a permanent resident, faces the possibility of deportation as a result of his criminal conviction. He rejected a plea deal in December that would have kept him out of prison and offered him assistance with immigration authorities."

714 comments

  1. Well by Anonymous Coward · · Score: 5, Funny

    That's pretty gay... err, I mean retarded... err, I mean lame, err...

    1. Re:Well by Anonymous Coward · · Score: 0

      wow people are way too sensitive.. this should be a +1 funny

    2. Re:Well by Anonymous Coward · · Score: 1

      Whoosh.

    3. Re:Well by Anonymous Coward · · Score: 0

      At least he posted as an AC. Otherwise someone too sensitive could persuade police for to arrest and he could potentially be facing 10 years in prison. Sad world we live in.

    4. Re:Well by Daetrin · · Score: 1

      Whoosh.

      Woosh is... er, well i'm sure it's got to be discriminatory against someone! Maybe short people? Maybe you're saying you're implying that the joke went over his head because he's short!

      --
      This Space Intentionally Left Blank
    5. Re:Well by Anonymous Coward · · Score: 0

      You're right. I should've used "dumb."

    6. Re:Well by snowgirl · · Score: 1

      "gay" is homophobic.

      "retarded" and "lame" are ableist.

      WHOOOSH!

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    7. Re:Well by dkleinsc · · Score: 2

      Your problem is solved already: Instead of using the word "gay", just say Takei.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    8. Re:Well by Anonymous Coward · · Score: 0, Troll

      There is this 'hierarchy of protected classes' in American federal and state civil rights jurisprudence based on 'historical factors'. It goes something like this:

      1 LGBT, any ethnic any gender
      2 Black female
      3 Black male
      4 NAPI (Native American / Pacific Islander) female
      5 NAPI (Native American / Pacific Islander) male
      6 Hispanic female
      7 Hispanic male
      8 Asian female
      9 Asian male
      10 Unassimilated ethnic white female
      11 Unassimilated ethnic white male
      12 White female
      13 White male
      14 Evangelical Christian, any ethnicity, any gender

      Within this scale, if one's worldview is perceived to be more hostile to historic Western values, said individual is granted more 'protection'. Basically, the more 'different' one is perceived by those assumed by reason of history to have power (i.e. white males), the more 'protection' one is granted. According to this model, it is absolutely impossible for the Black female gay (orientation overrides ethnicity and gender to the positive because we are carefully instructed that it is BIOLOGY) to be accused of a hate crime. In the contrapositive, the white male that attacks even another white male who espouses a worldview that is less tolerant of Western values (excepting Judaeo-christianity, of course!) than that of the attacker, that attacker has committed a hate crime. Therefore it stands to reason that anyone who attacks an evangelical Christian (faith overrides gender and ethnicity to the negative because we are carefully instructed that it is a CHOICE) is not merely not guilty of a hate crime, rather (s)he is doing enlightened humanity a favor by ridding society of such a pest. There are so many possible combinations of perpetrators and victims in these situations that adjudication of said cases requires the skill and judgment of one holding a terminal law degree and decades of experience.

      Like any system, this one can be hacked. Be perceived as gay and *presto* instant top-level protection (cf Tyler Clemente). No evangelical of any ethnicity and/or gender will try to pull that stunt because his/her faith prohibits such behavior.

      You can't get any more Asian than Mr. Ravi and you can't get any more gay then Mr. Clementi. Now if Mr. Ravi were Muslim, the jury would have been pressured by the US State Department to acquit for obvious GEOPOLITICAL reasons.

    9. Re:Well by Anonymous Coward · · Score: 0

      So where do Jews fit in the hierarchy? I'd say tied for 1st

    10. Re:Well by ryanov · · Score: 1

      Yeah, because /that's/ what happened here. Brilliant work.

    11. Re:Well by ryanov · · Score: 1

      Yeah. The LGBT community has so many nefarious goals, but only tells folks about one of them -- to be equal to everyone else. It's a conspiracy, I tell you.

    12. Re:Well by ryanov · · Score: 0

      Sorry, this is bullshit. The purpose of hate crime legislation is to attempt to balance a situation that remains unequal. It's pathetic that white males are getting up in arms about the perceived slight, as if they haven't been on the gravy train for hundreds of years.

    13. Re:Well by Anonymous Coward · · Score: 0

      They have a homeland to which they can (and will) run. That is unless there are questions about the identity of the mother of each individual seeking to return.

      Remember, you who have plaques on the wall. These people brought a conscience to humanity and that has been the killjoy ever since.

    14. Re:Well by Anonymous Coward · · Score: 0

      Harsher punishments asymmetrically applied in order to equalize the protection of the law. What a mockery of the Fourteenth Amendment!

    15. Re:Well by Anonymous Coward · · Score: 0

      The question is "protection from whom"

      For the answer, you pretty much just reverse that list.

    16. Re:Well by ryanov · · Score: 1

      ...which you never understood in the first place, so give me a break.

    17. Re:Well by Anonymous Coward · · Score: 0

      Shift everyone in your list down by 1 - Muslims are #1. You somewhat hit on it yourself in the last paragraph

    18. Re:Well by Mabhatter · · Score: 1

      Of course that list represents your historical chance of being "randomly" accused of a crime and ass-raped by the police.... An establishment (and US GOVERNMENT in general) that is overwhelmingly group #14 (WASP) and feels the need to prove it.

    19. Re:Well by V.+P.+Winterbuttocks · · Score: 1

      It's discriminatory against bald people, and stupid people. But I repeat myself.

      As we all know, stupid people go bald - there's just not enough information in there to force the hair out. Jokes which would normally pleasantly ruffle the hair of an intelligent person will just breeze right over the shiny pate of those who are mentally incapable of understanding or appreciating them. Hence, "whoosh".

      Captcha (before I logged in):

      acuity

      Amazing.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    20. Re:Well by Anonymous Coward · · Score: 0

      The purpose of hate crime legislation is to impose harsher punishments based on the perpetrator's intent. How, exactly, do you prove what someone was thinking, unless that person tells you?

      I'd prefer to leave the rule of law in the realm of facts. I'd also prefer to let justice remain blind; why should a crime against one class of person be worse than the same crime against another class?

    21. Re:Well by ryanov · · Score: 1

      Because it already IS that way (look at who gets the death penalty for killing whom) and the point of this is to try to have things a little more just. Not ideal, but quit acting like the world is suddenly colorblind and that solves all of the problems. People only talk about colorblindness/etc. when suddenly it's the majority losing a privilege they've had.

  2. Damn unfortunate by Stargoat · · Score: 5, Insightful

    It's damn unfortunate for everyone involved. But even worse, Ravi is also going to have his life ruined by a man who decided to end his own. What Ravi did was punch in the nose wrong - not 10 years in prison and deportation. Heck, the stupid stuff we did on our floor in college was just as bad or worse. I'm sure 99% of every man who went to college in the dorms can say the same.

    --
    Hoist Number One and Number Six.
    1. Re:Damn unfortunate by Anonymous Coward · · Score: 3, Insightful

      Sometimes you have to make an example of someone in order to get a point across and discourage future morons from pulling the same kind of stunt. If all I'm risking is a punch in the nose, and I'm 50 pounds and 3" bigger than you, it's not really much of a risk for me, now is it?

    2. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      He hasn't been sentenced yet. It could be far less than 10 years. I also expect an appeal.

    3. Re:Damn unfortunate by elrous0 · · Score: 4, Insightful

      I think you could make a point without sending someone to prison for ten years on some vague charge of "bias intimidation." It's not like this guy hasn't already had his face plastered all over the news as an epic asshole, and (rightfully) been convicted of invasion of privacy.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    4. Re:Damn unfortunate by MarkvW · · Score: 0, Flamebait

      I doubt the judge will give him much time, if any. The kid was extremely cruel and he picked on a particularly vulnerable kid. If I have a choice, I don't want him in my country.

      Ravi did acts so bad and mean that, had he done it to another person, the other person would have killed Ravi rather than killing himself.

      We have laws like this to keep people from seeking violent self-help.

    5. Re:Damn unfortunate by Ihmhi · · Score: 4, Insightful

      I think the entire concept of a "hate crime" is wrong. Isn't stuff like this already covered by "making threats" and "intimidation"?

      Here's two similar situations:

      1) A man at a bar repeatedly punches another man because he is wearing a t-shirt that shows his endorsement of a rival sports team.

      2) A man at a bar repeatedly punches another man because he is wearing a skirt.

      The actual crime here is assault and battery, In 1), that's all it would be, but in 2) they would tack on "hate crime", "bias intimidation", and all kinds of other crap. It'd go from a fine and a couple hundred hours of community service (at most) to a community-wide (if not nationwide) spectacle.

      Now, I do understand that certain classes of people have had really, really horrible shit happen to them in the past. This is true for every country. They demand equality, they fight for it, and they are getting it - but then they also get a lot of special laws to protect them. I don't really see this as equal - more like swinging the pendulum the other way.

      I'm all for equality. I don't think you should discriminate against someone because of their skin color, beliefs, sexual orientation, any of that stuff really. If you're hiring them for a job the only thing that should matter is their skills, not their skin color or gender or sexual orientation. But, I do think that hiring someone because of their orientation or skin color or giving them any other special treatment after the fact is just as wrong as the initial discrimination. You can't fix discrimination by being more discriminatory.

    6. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      It's like if you hit someone, and they turned out to be much more fragile than you expected and were left crippled as a result. It's still your fault.

      I think the best result would be three months in prison, plus community service.

    7. Re:Damn unfortunate by Anonymous Coward · · Score: 1

      Unintended consequences. What Ravi did was wrong, and things went way farther than he might have anticipated.

      He should have taken the plea bargain. Bull headed move.

    8. Re:Damn unfortunate by jamesoutlaw · · Score: 0

      Ravi ruined his OWN life. He chose to commit a criminal act and is facing the consequences of his decision. He is the only man who's responsible for ruining his life.

    9. Re:Damn unfortunate by crgrace · · Score: 3, Interesting

      True, he didn't do anything worse than what you would see on the American Pie movies.

      But, the fact remains he is guilty of the crimes. It's like those kids you steal stop signs and street signs. Lot's of kids in my area used to do that. But only once that I know of did someone die because they didn't stop. Now the kids have involuntary manslaughter convictions and that is appropriate, even though probably dozens of kids did the same thing without being caught.

      My point is his actions certainly contributed strongly to the suicide. He did the crime. True, there are a lot of jerks in dorms all over the country, but they are lucky enough to not have people kill themselves over their actions.

      Lastly, even if you consider spying on someone having sex and displaying for others on a computer to be equivalent to assault, keep in mind he was also convicted of witness tampering and felony intimidation.

    10. Re:Damn unfortunate by Metabolife · · Score: 5, Insightful

      Next time you wrong someone and they end up killing themselves due to their own unrelated emotional problems, you might just change your mind.

    11. Re:Damn unfortunate by Anonymous Coward · · Score: 2, Funny

      But even worse, Ravi is also going to have his life ruined by a man who decided to end his own.

      Exactly! It's clearly the fault of the one who killed himself out of embarassment. Had Clementi never killed himself, Ravi would not have been guilty of violating Clementi's privacy in the first place.

      Damn victims, always acting like it's not their fault!

    12. Re:Damn unfortunate by mcmonkey · · Score: 4, Insightful

      It's damn unfortunate for everyone involved. But even worse, Ravi is also going to have his life ruined by a man who decided to end his own. What Ravi did was punch in the nose wrong - not 10 years in prison and deportation. Heck, the stupid stuff we did on our floor in college was just as bad or worse. I'm sure 99% of every man who went to college in the dorms can say the same.

      No, Ravi's life was ruined by Ravi (if at all).

      Do I think criminal charges would have been filed if his roommate didn't kill himself? No. But does that mean Ravi is a victim of the roommate's actions? Heck no. If he doesn't realize there are other people in the world who might react to his actions, then he should be locked up.

      If he was robbing a bank when a guard pulled a gun, he couldn't shoot the guard and claim self defense. He broke the law and as a result someone is dead. Is it murder? I don't think so. Even man slaughter? That's the jury's job to decide. But to say Ravi had nothing to do with the situation he is in is insane.

      I infer from the rejection of the plea deal that this guy still doesn't understand what he did wrong.

      As for his life being ruined, I doubt this was front page news in India. He has a better chance of finding a job there anyway.

    13. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      But does it really discourage future morons?

    14. Re:Damn unfortunate by wickerprints · · Score: 4, Insightful

      Sure, because as we all know, Tyler Clementi obviously used his gay powers of mind control to subconsciously (a) instruct Ravi to modify his computer to auto-accept remote requests to activate his webcam, (b) point the webcam at Clementi's bed, (c) brag about the experience to his friends over twitter, (d) then try to delete incriminating texts and tweets. Wow those suicidal gays sure are sneaky!!!!

      Ravi's life wasn't ruined by Clementi or his suicide. Ravi has himself, and only himself, to blame. You seem to have missed out on a crucial aspect of the chain of causality. Short of spelling it out in crayon for you, the unassailable fact remains that Ravi engaged in a pattern of behavior resulting in the charges he was convicted of.

    15. Re:Damn unfortunate by g8oz · · Score: 3, Interesting

      Being an asshole is not a criminal act, at least it shouldn't be. This case says more about the draconian, moralizing and punitive U.S justice system than anything else.

      There is a link between this case and the jack booted airport security gauntlet if you think about it. They point to a country that has lost perspective and is increasingly unhinged.

    16. Re:Damn unfortunate by K.+S.+Kyosuke · · Score: 2

      My point is his actions certainly contributed strongly to the suicide.

      And the actions of his mother did not? And the actions of all the other people whom we don't even know but who certainly exist, in a world populated with homophobes to a certain degree? Yet none of these are being prosecuted. Why?

      --
      Ezekiel 23:20
    17. Re:Damn unfortunate by roeguard · · Score: 5, Insightful

      I initially felt sort of bad for Ravi, for the same reasons everyone else has stated.

      Then I read that he had been offered a plea that would have avoided all jail time and probably avoided any deportation issues. And he turned it down. So he has admitted all the particulars of the "cyber-bullying", but refuses to accept a slap on the wrist and instead decides to take the fight all the way to a jury verdict? Sounds to me like he really thought he hadn't done anything wrong at all -- completely justified in actions.

      You have to be some sort of serious bigot to think what Ravi did was completely okay, and so if he thinks himself so justified to deny any wrong doing at all then I have no problem with him rotting in a cell for (up to) 10 years and then being expelled from the country.

    18. Re:Damn unfortunate by crgrace · · Score: 4, Informative

      If you steal a stop sign and someone who was also speeding crashes, you are probably guilty of manslaughter.

      This poor kid was obviously very troubled, but if you look at the totality of his communications, he was obviously pushed over the edge by this Ravi asshole. If Ravi hadn't have been such a colossal jerk, the kid would still be alive. He only started thinking of suicide AFTER he started getting harassed.

    19. Re:Damn unfortunate by girlintraining · · Score: 3, Interesting

      But even worse, Ravi is also going to have his life ruined by a man who decided to end his own.

      No, there is no "even worse". Someone is dead, and it isn't him. There are precious few situations in life in which surviving is a worse fate than dying: Getting deported, or spending 10 years in jail, is not on the short list.

      What Ravi did was punch in the nose wrong - not 10 years in prison and deportation.

      A jury of 12 people disagrees with your assessment. This wasn't some judge with an attitude problem: This was a law passed by elected representatives, in an open and accessible public forum, with ample opportunity for public discourse. It has been affirmed countless times by a majority -- and now has been affirmed unanimously by 12 randomly-selected people from that community. You are welcome to your opinion but as a matter of law, there is little doubt as to his guilt. That said, my opinion is that you are short-sighted and bigoted, and have probably done (or thought of doing) things like this because of your own homophobia. For someone like you, a verdict like this must be pretty scary.

      Heck, the stupid stuff we did on our floor in college was just as bad or worse. I'm sure 99% of every man who went to college in the dorms can say the same.

      And for the 1% of every man, would that be his sense of civic responsibility? The stupid stuff most people do is not motivated by a hatred or bias based on sexual orientation, race, or other immutable attributes of a person... as a rule, the stupid things people do in college comes down to matters of romance, and matters involving alcohol and a desire for peer acceptance.

      I'm appalled by your casual disregard for the seriousness of this person's crime: It was clearly motivated by a desire to embarass his victim, was clearly done because of the victim's sexual orientation, and in fact rises to the standard of malicious intent because he recorded it with the intention of making it public.

      I, for one, see no reason to invite more people into this country to practice hate crimes when we already have a full load of loonies and people trying to screw up our civil liberties as it is: If you're immigrating to another country, you don't do anything that could get you in trouble with the law. You have to be a model citizen, better even than the people you want to live with, at least until you get your papers. Maybe that's unfair, but that's the way it is, and if this guy gets deported it'll be (at the very, very least) because he was weapons-grade stupid. And that is nobody's fault but his own.

      --
      #fuckbeta #iamslashdot #dicemustdie
    20. Re:Damn unfortunate by DoofusOfDeath · · Score: 1

      I see this as a case where someone with a only-slightly-rare character flaw was paired up with a roommate who was highly vulnerable to bullying.

      I'd say a large fraction of college-age males are prone to significantly evil and/or stupid acts as well. To everyone's harm, a situation arose where such cruelty and stupidity met with a particularly vulnerable victim.

    21. Re:Damn unfortunate by StikyPad · · Score: 3, Interesting

      What part of "queer-bashing earns you a lifetime of payback" do people like Ravi not understand?

      Well, I don't think I'm like Ravi, and I don't feel sorry for him either, but I don't understand any of the above. An eye for an eye and all that.

      Further, I think it's fine to have criminal statues for bullying or intimidation, but adding "bias" to it is bullshit. All intimidation is biased, and the fact that a victim is a nerd or a jock or straight or gay or black or hispanic should have no bearing on the punishment. That's what equality means.

    22. Re:Damn unfortunate by cpu6502 · · Score: 1

      So what are the long-term consequences of the precedent set by this court? What if a Wife uses a videocam to spy on her cheating husband in the bedroom with his adultress?

            Invading his privacy? And what if the caught husband commits suicide? That's basically what this decision amounts to - if you videocam a co-resident in your own bedroom, the government could charge you with invasion of privacy.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    23. Re:Damn unfortunate by Anonymous Coward · · Score: 4, Insightful

      What in god's name are you talking about? Watching your roommate make out with someone would cause then to murder you? What planet do you live on?!

      This was nothing more than college hijinks. Ravi was thrust into an awkward situation where he was asked to leave his own room so his roommate could have sex and he responded in a way that is not unheard of.

      The issue here is that the gay kid responded is such an over-the-top, unforseen way. Ravi should not be punished for that. What's next - if you flame someone's slashdot comment and then they kill themselves is it now YOUR fault because you were a big meanie?

    24. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      It's worth pointing out that he hasn't been sentenced yet. He can be, by the judge, sentenced for up to ten years, that does not mean he will be, and I suspect the actual sentence will be significantly lower.

    25. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Ravi ruined his own life. He has no one to blame for that but himself.

      As for what happened on your floor in college, probably a bunch of you should have been arrested as well. Just because you committed a crime and not some other person doesn't mean it's not still a crime.

    26. Re:Damn unfortunate by Kenja · · Score: 1

      So where's your bed-rooms web cam?

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    27. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      People are still commenting in support of the dick head, aren't they?

    28. Re:Damn unfortunate by greg_barton · · Score: 4, Insightful

      I know. It's a shame we don't have the freedom in our society to harass people to death. Really. A damn shame.

    29. Re:Damn unfortunate by SeattleGameboy · · Score: 2

      I have a very hard time feeling sorry for Ravi.

      Not only is he guilty of what he was accused of doing, he rejected the plea offer that would have spared him jail time and deportation (the same deal that the girl in the case took). He had his chance to admit what he did was wrong and atone, but he flat out rejected that and decided to take his chances.

      Now, he can think about the consequences of his actions while sitting in jail and in India once he is deported.

    30. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      I agree, he had his chance to escape this particular outcome.

    31. Re:Damn unfortunate by EdIII · · Score: 5, Insightful

      The point is going to be ignored and forgotten by the end of next week.

      Most people don't understand just how long 10 years really is. That punishment would not nearly fit the crime.

      Sure he was an asshole, but I don't think he was actually trying to set out to kill the man, or cause the man to kill himself. Just stupid actions on top of more stupid actions.

      Young people can be cruel and callous. However, that is equality. It makes no difference that the young man was gay. Every man, and every woman, has to deal with people like this, and a lot of stupid stunts pulled in high school and college. Yes, some of those stunts can be very invasive and designed to humiliate people. Welcome to college.

      While it is sad, that young man made the decision to end his life, there is a larger issue. That real issue here is not that Ravi recorded an intimate moment and broadcast it, it is that the fact this young man was gay and got "caught" engaging in homosexual activity and the loss of privacy caused enough stress upon him that he concluded that the only way out was suicide. That's sad and indicative of the depressing state of affairs in our society.

      If society were a little bit different that young man could have just been pissed off that Ravi secretly recorded him with his boyfriend. Pursuing other remedies available to him through the administration and local law enforcement would have been considered long before he ended his own life.

      Of course, even that is an assumption. Some people have such a low threshold for stress that it does not take much to make them snap and take other people with them.

      This whole situation is a tragedy and nothing really positive is going to come out of putting Ravi in prison for 10 years. The only positive outcome here is increased awareness and tolerance for others. Punishing people with years in prison for bullying is not going to be that effective at preventing young people from doing what they do.

    32. Re:Damn unfortunate by khallow · · Score: 1

      But even worse, Ravi is also going to have his life ruined by a man who decided to end his own.

      That's how justice rolls. You pay for harm you do to others, not just the technical crime. Drunks driving on US roads normally only risk losing their license and relatively modest fines. But if they kill someone, then they lose a lot more.

    33. Re:Damn unfortunate by crgrace · · Score: 4, Insightful

      Are you being serious? Even if you don't buy the "Bias Intimidation" stuff he most certainly did criminal acts.

      1. Invasion of Privacy. You honest don't think filming someone having sex and displaying it to other people shouldn't be a crime? How would you like someone filming your parents together and displaying it?

      2. Witness tampering. He tried to get witnesses to lie to the police. In what parallel universe do you live in where that is just "being an asshole". Are you in the mob?

    34. Re:Damn unfortunate by crgrace · · Score: 2

      Invading his privacy? And what if the caught husband commits suicide? That's basically what this decision amounts to - if you videocam a co-resident in your own bedroom, the government could charge you with invasion of privacy.

      Well, if you videotape your cheating wife and invite your friends over twitter to come what them have sex, then yeah, I would consider it invading the guy's privacy. You wouldn't? If you have housemates do you think it would be appropriate for them to film and display to others anything you do in there?

    35. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Ah, that's like the man made the decision free of the actions of Ravi.

      No wait, he didn't. Ravi's actions were a primary, if not deciding, factor in the suicide.

      Maybe the stupid stuff you did in college or high school got people wanting to kill themselves, but not me.

      Heck, I would have felt bad if I had even come close to doing that, which I didn't, because you know what? Heckling and harassing others has never appealed to me in the way it seems to those who think it's part of aggression-dominance reflexes. I find it repellent and revolting. I neither want to engage in it or be subject to it.

      Take your atavistic mindset to somebody else. I won't play your game. I will instead drop a hammer down on you.

    36. Re:Damn unfortunate by DroolTwist · · Score: 2

      I'm pretty sure you could argue, that if the husband was indeed dumb enough to have sex with another woman in their bedroom, that the expectation of privacy is zero.

      If she did it in a hotel room, or some other place besides their bedroom, where the husband took the mistress, then she would probably be guilty not only of invasion of privacy, but also any other laws that prohibit video without permission.

    37. Re:Damn unfortunate by Anonymous Coward · · Score: 1

      Yes, but if you stole one stop sign, another person stole a 10km/h sign just before it and another person stole the 50km/h sign before that one and so on... who is to blame? The last person or them all?.. It's wrong to put all the blame on one person in a case like this..

      Even society has been pushing against gay people for a long time..

      Sure, what he did was wrong, but 10 years in prison and deportation for a crime like this is just crazy.. maybe 3 months in prison + 3 years probation and a big fine.. Prisons should not be used as punishment but to both deter people from doing stuff and also prevent people from doing something again.. Putting someone in today's prisons just creates another hardened criminal for the most part, especially if they are in for 10 years..

    38. Re:Damn unfortunate by crgrace · · Score: 1

      And the actions of his mother did not? And the actions of all the other people whom we don't even know but who certainly exist, in a world populated with homophobes to a certain degree? Yet none of these are being prosecuted. Why?

      Maybe because all those other people didn't commit crimes against him so egregious as to push him over the edge?

      Besides, he should do time for the whole witness tampering thing alone.

    39. Re:Damn unfortunate by mjeffers · · Score: 5, Interesting

      First, we've already established for a long time that mindset matters. Each of these scenarios is a different crime with different sentencing guidelines

      1) Driving a car drunk with your spouse in it and getting into a crash where they die
      2) Walking in on your spouse cheating on you and killing them in the heat of the moment
      3) Meticulously planning how to kill your spouse over the course of several months

      In each case we have the same result (due to your actions, your spouse is dead) but we already recognize that your mindset (drunk, angry in the heat of the moment, systematically planning someone else's death) matters.

      Second, hate crimes are added on to other charges because hate crimes are actually a seperate crime. If you were driving drunk with a black friend in the car and crashed it's different than if you went and lynched someone. In the second case, you not only wanted to hurt the person directly involved but you wanted to send a message of intimidation to people like them.

      In this particular case, I think the jury did the right thing by rejecting the hate crime charges. It seems as it Ravi was dumb, insensitve and certainly invasive of his roomates privacy but it doesn't seem like this was a crime intended to intimidate the community.

    40. Re:Damn unfortunate by d34thm0nk3y · · Score: 1

      1. Is harming someone a crime?
      2. Is credibly threatening a person with harm a crime?
      3. Is credibly threatening several people with harm a crime?

      Which is worse, doing one or doing all three? Which should be punished more severely, committing one or three crimes?

    41. Re:Damn unfortunate by rastoboy29 · · Score: 1

      Although I agree with your sentiment in principle, I have to point out that affirmative action, for example, has helped to create a black middle class in America, and I don't believe that would have happened nearly as fast without laws to back it up.

      The problem, for example, is that many employers *don't* just look at someone's qualifications or character when hiring.  They just don't.

    42. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      You have to take your victims as you find them. It doesn't matter if you and all your buddies slap people upside the head and get away with it. If someone slaps a guy with an eggshell fragile skull and kills him, they are guilty of homicide.

    43. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      If Ravi was ONLY guilty of being an asshole... You'll note that none of the verdicts (innocent or guilty) were for "being an asshole". You will note that ALL the verdicts stemmed from laws applied to actions. This is the way it works. If you disagree, then change the laws. But to imply he was ONLY an asshole is very ignorant of the facts. Come to think, every crime could be attributed to "being an asshole", no? A crime is basically one thinking of themselves before others... and that is a good definition of being an asshole.

    44. Re:Damn unfortunate by Anonymous Coward · · Score: 1

      Posting AC, for various reasons.

      What Ravi did was certainly not merely "punch-in-the-nose" wrong. People regularly get years in prison for attempting to film intimate or sexual encounters. Reverse the genders for a moment - if Ravi had attempted to surreptitiously film the intimate encounters of an 18 year old female student and stream them on the internet, I doubt anyone would be surprised that he was looking at a long jail sentence. Well, according to the law, the gender involved doesn't matter.

      As to the bias charge... I find myself deeply conflicted. On the one hand, I was very publicly outed at my high school many years ago, and it sucked. The sense of being exposed and under harsh scrutiny from every direction. Wondering how much I needed to worry about being discriminated against, both violence from students, and possibly snubs from teachers or other adults. Overall, the feeling of having lost control of the situation, of having a disclosure about myself that I had managed carefully suddenly common knowledge. And this was with no cameras involved at all, just some dickheads following me around the halls shouting my SO's name.

      So I can certainly understand the sense of justice in smacking this jerk with the bias enhancement. I think myself at 16 would be baying for blood - what he did was much worse and deeply more humiliating than if he'd chosen a straight target. But I'm older now, and to me he seems just a stupid kid. Is this worth him losing everything over? I don't know. I don't wish that on those jerks back in high school.

    45. Re:Damn unfortunate by khallow · · Score: 4, Informative

      If he was robbing a bank when a guard pulled a gun, he couldn't shoot the guard and claim self defense. He broke the law and as a result someone is dead. Is it murder?

      In the case of the robbery, this would be first degree murder. As I understand it, a number of states also consider deaths caused in pursuance of a crime to be "aggravating circumstances" and could subject the person in question to a death sentence. This is very different from the current crime, but I imagine the jury and judge might have treated the suicide as an aggravating circumstance, say with respect to sentencing.

      Moving on, I am concerned that Ravi was tried on various "hate crime" related charges. There really isn't a place for these in a democratic society. The social or physical characteristics of the victim shouldn't matter for the most part.

    46. Re:Damn unfortunate by girlintraining · · Score: 5, Insightful

      I think the entire concept of a "hate crime" is wrong. Isn't stuff like this already covered by "making threats" and "intimidation"?

      Yes, it is. But when someone makes a threat based on certain characteristics of a person, such as race, religion, sex, sexual orientation, or ethnicity, they are disgracing the very foundation of this country, as well as any country that would consider itself a democracy: Namely, that all people equal under the law. But that equality doesn't start with the law, rather it is the product of a deeply-held cultural belief, which the law reflects and follows from. Democracy is, at its very core, about creating great people, who can then do great deeds for its own citizens: All the great scientists, engineers, poets, writers, politicians, are a product of this cultural belief. If a person is not able to rise to a point where they reach their full potential, that harms the whole. Within that context, hate crime legislation is specifically a response to the behavior of others which is overtly limiting and damaging to this most central of beliefs.

      I'm all for equality. I don't think you should discriminate against someone because of their skin color, beliefs, sexual orientation, any of that stuff really.

      But you're a man of words, and not of deeds. You stop short of giving your belief any teeth, any hope of implimentation. What you are saying is "discrimination is wrong, but if you do it, you shouldn't be treated any worse for having done so." There is another school of thought: That is, for people who are predatory, people who discriminate overtly and sufficiently to break the law, more severe punishment is called for because they are not as easily deterred as someone who lacks a strong motivation, or had a momentary lapse of judgement.

      you're hiring them for a job the only thing that should matter is their skills

      Except that nobody hires based only on skills. That's a myth, an illusion -- most people hire other people based on their likeability, which is exactly how it sounds: How much like you the person being interviewed is. That, right there, is the loci of discrimination: a person is either like you, or unlike you. A person like you will naturally receive more favors from you. The law steps in here and says: This is not what makes for a great society. A great society must rise above petty differences.

      You can't fix discrimination by being more discriminatory.

      Neither can you fix it by ignoring the problem, or not recognizing that people who are motivated to commit crimes on the basis of minority attributes are far more likely to continue to commit similar crimes against those possessing said attributes than a person who exhibits the same behavior, but is not motivated by hatred. A man who hits someone while drunk at a bar might only do that once in his life. A man who hits someone at a bar because he's wearing a skirt is far, far more likely to do it again.

      --
      #fuckbeta #iamslashdot #dicemustdie
    47. Re:Damn unfortunate by brotherbradshaw · · Score: 2

      he is not being charged with the death of Tyler Clementi, although the jury was informed of it. And the article did say it would probably be less than 10 years. Have most of you even read the article?

    48. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Hmmmm ....

      "Sometimes you have to make an example of someone in order to get a point across and discourage future morons from pulling the same kind of stunt."

      I'm always skeptical whenever anyone says anything like "you have to" about anything.

      So, if I "have to," can you show me some empirical evidence to back that up? No? Oh, that's right, there ARE other options.

    49. Re:Damn unfortunate by epyT-R · · Score: 1

      not at the expense of that person's rights. the fact is clementi took his own life. it was his choice. Ravi didn't kill him no matter what the bleeding heart everyone-should-be-ultra-sensitive-emotes PC bandwagoneers say. this case probably sets dangerous precedent (if it doesn't exist already) for who's responsible for whose behavior. this guy, douchebag jokester or not, does not deserve 10 years, nor is he responsible for clementi's death.

    50. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      What does the word "because" have to do with the crime. Punching another person is illegal, no matter the motivation (unless, I guess it could be argued, the other person was on fire and you were trying to put the fire out)...

      Steal my wallet because I'm gay or steal my wallet because you want what's inside - what is the difference to me, my wallet is still stolen.

    51. Re:Damn unfortunate by mariox19 · · Score: 3, Informative

      But, he had changed his mind. First off, there was never any "broadcast" to begin with. He and a friend (and maybe a third, I don't remember) saw exactly two seconds of the video feed from the webcam before turning it off. Why did they turn it off? Because they felt creepy watching it. He later posted a bunch of tweets and "invited" people to see the next broadcast, but there never was any next broadcast -- he changed his mind about doing one. There was no terrible crime here.

      --

      quiquid id est, timeo puellas et oscula dantes.

    52. Re:Damn unfortunate by Anonymous Coward · · Score: 2, Funny

      What do you have against the Scottish?

    53. Re:Damn unfortunate by epyT-R · · Score: 3, Insightful

      This is the same crappy logic lobbyists use to justify censorship of all kinds. if it wasn't ravi, it'd've been someone else, or something else eventually. like a video game for instance, or a crap teen movie. anything, really. clementi had issues. Ravi might be a douchebucket, but he is not responsible for clementi's choice to take his life.

    54. Re:Damn unfortunate by mariox19 · · Score: 4, Informative

      That real issue here is not that Ravi recorded an intimate moment and broadcast it, it is that the fact this young man was gay and got "caught" engaging in homosexual activity and the loss of privacy caused enough stress upon him that he concluded that the only way out was suicide.

      Actually, there is no evidence of this. Moreover, from the New Yorker article on the case, a few weeks back, I learned that Clementi had taken a "tour" of the bridges around the NYC area weeks before leaving for Rutgers. It's reasonable to believe he may have been harboring conflicting thoughts concerning suicide before he ever met Ravi.

      --

      quiquid id est, timeo puellas et oscula dantes.

    55. Re:Damn unfortunate by Galactic+Dominator · · Score: 0

      some vague charge of "bias intimidation."

      Vague? That is only a statement which could be uttered by someone who didn't see the evidence presented and/or who wants to preserve his ability to intimidate those who lead a different lifestyle.

      The charges were quite specific as was the evidence for convictions. These actions would not have conceivably happened if the victim had been heterosexual as revealed by the defendant's text messages.

      --
      brandelf -t FreeBSD /brain
    56. Re:Damn unfortunate by cpu6502 · · Score: 1

      >>>if you videotape your cheating wife and invite your friends over twitter to come what them have sex

      That's not what Ravi did. He videotaped it and then talked about it (over twitter). So the equivalence would be a wife who taped her husband, and then tweeted to her friends, "I caught him having sex with my neighbor!" Then the husband is embarrassed and commits suicide, and the wife gets drug off to jail.

      That's the precedent this case has set... that the government can prosecute a wife or anybody else who uses a bedroom camera to catch their co-residents in a sex act.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    57. Re:Damn unfortunate by binarstu · · Score: 5, Informative

      I think you could make a point without sending someone to prison for ten years...

      From TFA: "He rejected a plea deal in December that would have kept him out of prison and offered him assistance with immigration authorities."

      He clearly could have avoided doing time. Instead, he and his lawyer tried to argue that (from this article): "He hasn't lived long enough to have any experience with homosexuality or gays," attorney Steven Altman said in closing arguments this week. "He doesn't know anything about it. He just graduated high school."

      Evidently the jury didn't find it very convincing.

    58. Re:Damn unfortunate by Ahnteis · · Score: 4, Informative

      Ravi faces up to 10 years in prison on most serious bias intimidation convictions, but is likely to receive a lesser sentence

    59. Re:Damn unfortunate by zill · · Score: 1

      2) they would tack on "hate crime", "bias intimidation", and all kinds of other crap. It'd go from a fine and a couple hundred hours of community service (at most) to a community-wide (if not nationwide) spectacle.

      Not disagreeing with you, but I like to just point out that it wasn't the hate crime clause that turned this into nationwide spectacle, it's the very nature of the case itself. Mass media need a certain number of cases every day in order to fill the airwaves 24/7, and this just happened to be one of those precedence-setting cases that caught everyone's attention. Hate crime clauses or not this was bound to become a nationwide spectacle.

    60. Re:Damn unfortunate by Galactic+Dominator · · Score: 0

      And what if the caught husband commits suicide? That's basically what this decision amounts to

      You should read up on it before commenting. The conviction had *nothing* to do with the later suicide. The defendant wasn't charged on that matter, and had the victim not killed himself the result would likely have been the same.

      --
      brandelf -t FreeBSD /brain
    61. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      In India, homosexuality is frown upon more so than in the USA. In India, intimacy is taken very very serious. Notice Indians whether married or not do not display public acts of intimacy to include holding hands, kissing, or embracing. Ravi has been brought up with these values. Ravi knew, regardless of his age or his so called "innocence" what was right and what was wrong. The stupid things we did in college did not cause another person to commit suicide, or you would not be saying what you just said. Ravi had no right to cause so much embarrassment to another student, which lead to shame, to suicide.

    62. Re:Damn unfortunate by mariox19 · · Score: 1

      I think the concept of hate crimes has been taken to absurdity. The archetypical hate crime in this country is lynching. There you have a murder, but the crime of lynching was, by design, meant to affect more than the killing of the target: it was meant to send a message to the entire black community. Lynching was part of a general policy of violence designed with the intent of striking fear into a civilian population. (Now, you'll see here that I'm avoiding using another term that has recently been extended into absurdity.) That's the idea behind hate crimes. So, I want to ask people: did Ravi act as he did because he wanted to intimidate both Clementi and other gays?

      --

      quiquid id est, timeo puellas et oscula dantes.

    63. Re:Damn unfortunate by kenh · · Score: 3, Funny

      You're right - no one has ever asked their roommate to let them have the room for the night, and videotaping the "event" is a perfectly normal response... IN PRISON!

      --
      Ken
    64. Re:Damn unfortunate by bv728 · · Score: 1

      Hate Crime laws exist because the purpose of certain crimes isn't to simply hurt a specific person, but to intimidate and modify the behavior of a group. The secondary charges are typically very similar to Racketeering, like a protection racket, because they have the same goal - to perform a SINGLE crime (shame about that merchandise) which affects a larger population (you heard about Bob's merchandise). Most Hate Crime legislation is just an expansion of Racketeering charges to explicitly allow them to be brought in the case where the crime was both motivated by bias and intended to intimidate the group.

    65. Re:Damn unfortunate by mrmtampa · · Score: 1

      Agreed. Ravi knew he had contributed to his roommate's suicide; he attempted to destroy evidence during the investigation and tried to get his dorm mates to cover for him. Those acts alone demonstrate his guilt. The prosecutors probably added the bias charges because they couldn't tie him directly to the death.

      Bottom line; this guy is a despicable coward and doesn't deserve to be in the country.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy." Hamlet (I, v, 166-167)
    66. Re:Damn unfortunate by kenh · · Score: 1

      "The issue here is that the gay kid responded is such an over-the-top, unforseen way."

      So what you are saying is the problem is he was a drama queen?

      Wow.

      --
      Ken
    67. Re:Damn unfortunate by IcyHando'Death · · Score: 0
      There are two (at least) perspectives you can take on fairness here:
      1. The law-breaker's perspective - same infraction: same penalty.
      2. The perspective of society as a whole - everyone in society is protected by the law to the extent necessary to give them fair treatment at the hands of their fellow citizens: more protection for those who need it more

      You're taking the first perspective. Affirmative action, hate crime legislation and their ilk are a result of people who take the second perspective.

      So why are you siding with the law-breakers?

    68. Re:Damn unfortunate by Galactic+Dominator · · Score: 1

      An eye for an eye and all that.

      The most heinous criminal justice code of them all is part of "all that".

      Further, I think it's fine to have criminal statues for bullying or intimidation, but adding "bias" to it is bullshit.

      Now there is a good discussion. All these Ravi apologists are really quite sickening, but a meaningful exploration of the point you made would be valuable.

      --
      brandelf -t FreeBSD /brain
    69. Re:Damn unfortunate by brotherbradshaw · · Score: 2

      Have none of you read the article until the end? He probably won't get 10 years. And he already passed up the chance to get out of this with a slap on the wrist, so that's another thing he's done wrong. At this point, since he obviously still thinks that he's done nothing wrong, a year or two in prison might help him think reconsider the actions that led to this point in his life. For all we know he hopes to be deported because he has family elsewhere anyway.

    70. Re:Damn unfortunate by epyT-R · · Score: 2

      Why are people defending him? Mainly because ravi is not guilty of murder even though the court wanted to punish him as such just to make some kind of stupid social statement.

    71. Re:Damn unfortunate by Ronin+Developer · · Score: 5, Insightful

      You may wish to read up on wire-tapping laws. At least in the state of Pennsylvania, BOTH parties have to agree to the recording or it is illegal. Period. The exception to the rule is a court-ordered wire-tap.

      About ten years ago, an acquaintance of a friend of mine was arrested for illegal wire-tapping his EX-girlfriend's phones and placing surveillance equipment in her bedroom. This wasn't video and it wasn't meant as bias-intimidation...but, he WAS stalking her. He did jail time also.

      What Ravi did is not about a troubled man committing suicide It's about illegally invading the privacy of an individual when they had every right to privacy. And, that invasion was done to intimidate and harass that young man. The victim was obviously troubled. However, it is clear that Ravi's actions most likely contributed to the Clementi's decision to take his own life - the harassment, intimidation and embarrassment of his "outing" pushed him over the edge. Was this Ravi's intent? Not likely. He was not charged in the death. He was charged with invasion of privacy, harassement and bias intimidation because he targeted a gay man - the bias intimidation made it a hate crime.

      Gay or not, everyone is entitled to live a life without some asshole making your life a living hell. If your spouse videotapes their spouse while they are with their adulteress/adulterer (let's not imply it's always the guy who cheats, okay) in their bedroom and broadcasts it to the world ... we might feel it was justified. Despite the fact that what the spouse was doing was hurtful to the other, videotaping and sharing it with the public without their knowledge is illegal - the marriage certificate does not change that fact nor does it give them such rights. Instead, it should be used in a divorce court to make one's case of the infidelity. Hit the bugger in their wallet. That will get the message across.

      Ravi will get what is coming to him - hopefully a ten year sentence (he'll serve three at most) and then deport his butt out of this country to India. His parents, will have to live with the knowledge they raised a criminal, miscreant and despicable human being. Their honor has been lost. Sucks to be him.

    72. Re:Damn unfortunate by StikyPad · · Score: 1

      The most heinous criminal justice code of them all is part of "all that".

      I was referring to Ghandi.. "An eye for an eye makes the whole world blind." I figured it was redundant to be verbose given the context of disagreeing with the original statement.

    73. Re:Damn unfortunate by ClioCJS · · Score: 1

      punch in the nose wrong? Causing someone to commit suicide? That's just punch in the nose wrong? Can I make your wife kill herself, and then you'll punch me in the nose and we'll be square? Didn't think so.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    74. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      that's what i'm saying...

    75. Re:Damn unfortunate by brotherbradshaw · · Score: 2

      If you were in one of the American Pie movies this was college hijinks. If you were in actual university the least that would happen to you would probably be expulsion. I work at one, and anything that could be considered a hate crime is pretty big deal here.

    76. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      jesus christ thats unrealistic

    77. Re:Damn unfortunate by Translation+Error · · Score: 4, Insightful

      The concept of hate crimes is that the offense is greater than an attack on an individual--that the act was intended to be a threat against an entire class of people. For example, lynchings during the Civil Rights Movement were committed to terrorize people who spoke out (or were considering speaking out) against the status quo. Similarly, vandalism of churches/temples are messages to all the followers of a faith.

      The laws aren't designed to be harsher because the poor minority members have already suffered so much and need to be compensated. The laws are harsh because in addition to the actual assault, the offender is attempting to terrorize a large number of people, resulting in additional penalties.

      Obviously, every offense against members of groups who are often targeted isn't done for such reasons, and it's the job of the legal system to determine when bias charges should be applied, but some acts really are greater offenses than violence against the direct victim.

      --
      When someone says, "Any fool can see ..." they're usually exactly right.
    78. Re:Damn unfortunate by Sebastopol · · Score: 0

      "Yes, but if you stole one stop sign, another person stole a 10km/h sign just before it and another person stole the 50km/h sign before that one and so on... who is to blame? The last person or them all?.. It's wrong to put all the blame on one person in a case like this.."

      They all should get the same penalty.

      Next question?

      --
      https://www.accountkiller.com/removal-requested
    79. Re:Damn unfortunate by hexghost · · Score: 1

      No, because there's no 'bias discrimination' involved there.

      Read the actual case and arguments before you comment.

    80. Re:Damn unfortunate by Sebastopol · · Score: 1

      Well put.

      --
      https://www.accountkiller.com/removal-requested
    81. Re:Damn unfortunate by Lashat · · Score: 1

      I want to be clear that I am not making light of the incident at all.

      I am not sure if Ravi is responsible for Clementi's death. The invasion of privacy itself probably would not have pushed Clementi to take his own life. The showcasing of the web feed is more likely to have pushed Clementi over the edge. Even still, we do not know for sure. Ravi's was not charged in connection with Clementi's death. No motive for the suicide was ever given. We are left to speculate.

      Nothing is going to bring back Clementi. However, Ravi is most likely going to prison for some amount of time. Judging by his picture he is not going to do well in the New Jersey Dept. of Corrections, whether at a work farm or special housing.

      So, to your first point. Ravi IS going to prison (different than jail) and someone is going to beat the living shit out of him. Most likely he is going to be scared and intimated on a daily basis. It is possible he could die a violent death in prison.

      I am not sure how "assholes and bullies get to run crying to the police and hide behind anonymity when karma comes looking" applies in this case.

      I am not asking you to feel sorry for Ravi. I don't either. We don't know if he gets off light until he is sentenced. Whatever the punishment the judge hands down add, public shaming, loss of scholastic career, loss of future work career, deportation, and a lifetime stigma of being "that guy"

      To your last point. People CAN and DO change for the better. Hopefully we all do. There are very FEW things that should earn someone a "lifetime of payback". I understand that you are speaking from a passionate place and it's definately hard to always practice the golden rule.!

      --
      For every benefit you receive a tax is levied. - Ralph Waldo Emerson
    82. Re:Damn unfortunate by elrous0 · · Score: 4, Insightful

      The very term "bias intimidation" itself is crazy vague. And you're crossing pretty far into free speech territory there without a guide. Does it include insulting someone? Calling them a derogatory name? And who decides what's derogatory or not, or what is an insult or not?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    83. Re:Damn unfortunate by Opportunist · · Score: 1, Troll

      Oh, if a lack of gay sex experience is his problem, jail time will finally teach someone something that, if he knew it before, would have avoided the jail time and thus ensure he won't commit the same crime again.

      The system works!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    84. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      The actual crime here is assault and battery, In 1), that's all it would be, but in 2) they would tack on "hate crime", "bias intimidation", and all kinds of other crap. It'd go from a fine and a couple hundred hours of community service (at most) to a community-wide (if not nationwide) spectacle.

      The crime is different.

      In case 1, the violence is (essentially) random; one person gets hurt.

      In case 2, the violence is targeted with the intent of intimidating a specific, vulnerable group; one person gets hurt and an entire sub-population is marginalized.

    85. Re:Damn unfortunate by Opportunist · · Score: 2

      If you deliberately go out of your way to cause trouble to someone who already gets enough trouble from society, my sympathy isn't quite on your side if it backfires.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    86. Re:Damn unfortunate by StinkiePhish · · Score: 1

      The Felony Murder Rule applies in the case of the bank robbery example. The concept is very close to "he broke the law and as a result someone is dead." In fact, it extends to almost everyone involved in the felony. For example, the driver-accomplice can be charged with first degree murder, even if he was discovered, arrested, and handcuffed in the back of a police car when one of his other accomplices pulled the trigger. http://en.wikipedia.org/wiki/Felony_murder_rule

    87. Re:Damn unfortunate by arth1 · · Score: 4, Insightful

      "Others do it too" is not a valid defence.
      There is always enough blame to go around - it doesn't get diluted by the number of perpetrators.
      If three people rob a bank for a maximum sentence of 15 years, they don't get 5 years each because they were only partially responsible, even if they couldn't have pulled it off without the getaway driver.

      So the answer is yes, he should take the full blame for his crimes.

    88. Re:Damn unfortunate by EdIII · · Score: 1

      I know he wont get 10 years. It is the fact that some people think he should get 10 years that shows they have no understanding just how long that is in prison.

      Regardless of whether he thinks he did nothing wrong, years in prison is not appropriate for bullying.

      While I can understand that emotions run high here, and that people want to punish him, that punishment needs to be appropriate.

      A lot of young people are assholes and pull nasty stunts and pranks against other people designed to humiliate them. Should we start sending them to prison for years? I don't think so. There are more serious crimes than that.

      I think he should be put in jail for no more than 6 months to a year. Not because of the bullying either. The invasion of privacy and making the video recordings is the reason why he should be put in jail, regardless of whether or not a death was involved.

    89. Re:Damn unfortunate by Anonymous Coward · · Score: 1

      I agree. People outside of the student world also tend to underestimate just how much harder stuff perpetrated by room mates hits. If a room mate wants to make your life miserable, you'll be utterly defenceless in the place where should be safest: your home. It's hard to overestimate the psychological impact of a criminal room mate; people like Dharun Ravi are scum and to be treated with the proper contempt they deserve.

    90. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      "In certain other countries, Ravi...."

      FTFY

    91. Re:Damn unfortunate by tnk1 · · Score: 1

      I won't cry for this guy. He was a douchebag.

      That said, they used the hate-crimes legislation to effectively turn a suicide into a murder case. I don't like the way this worked out at all. It sets a bad precedent.

    92. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      That's the precedent this case has set... that the government can prosecute a wife or anybody else who uses a bedroom camera to catch their co-residents in a sex act.

      You seem to feel strongly that that is wrong, but I'm just not seeing it. If I as the husband have not granted permission for such video cameras to be installed, how is this not a chargeable offense?

      But lets say that, for whatever reason, it is ok for the wife to video-taping her husband without his knowledge. Now lets say that, in your example, I am the person the husband committed adultery with. I know full well the husband is married, but don't care. And while that might make me an ass, that doesn't mean the wife has a right to invade my privacy.

      Or do you simply feel that the husband should sue his wife directly, and the government should stay the fuck out?

    93. Re:Damn unfortunate by Anonymous Coward · · Score: 1

      You are completely misunderstanding what a hate crime is. It's not primarily about the VICTIM's social or physical characteristics, but rather the mindset of the PERPETRATOR. In this case, the jury found that Ravi had a definitive mindset, hatred towards homosexuals, which was one of the primary motivating factors for his crime.

    94. Re:Damn unfortunate by tbannist · · Score: 1

      Well, there's Ghandi's "eye for an eye", the Talmud's "eye for an eye", Sharia (i think) "eye for an eye" and Jesus' "eye for an eye". It helps if you actually give enough information so that the reader knows which one you're referring to.

      --
      Fanatically anti-fanatical
    95. Re:Damn unfortunate by serano · · Score: 5, Insightful

      Hate crime laws exist to address the fact that certain attacks are a type of terrorism that affect an entire community. If a man kills his wife, that is horrible, but it doesn't cause everyone other wife to have reasonable fear that they will likewise be attacked. If a random guy walking down the street in a gay neighborhood is gaybashed, that pointedly does strike terror in an entire community. It deserves an additional deterrent.

    96. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      "He hasn't lived long enough to have any experience with homosexuality or gays," attorney Steven Altman said in closing arguments this week. "He doesn't know anything about it. He just graduated high school."

      ...and Rutgers put him with a gay room-mate.

      Rutgers should be closed down.

    97. Re:Damn unfortunate by oldmac31310 · · Score: 0

      RTFA? What? Slashdot links to articles now? Who knew? I suppose the next thing you're going to tell me is that Slashdot provides poorly written unedited summaries to these articles you speak of. Unbelievable!

      --
      http://www.acetonestudio.com
    98. Re:Damn unfortunate by StikyPad · · Score: 1

      You're confusing intent, mens rea, with motive, and motive has *never* been an aspect of consideration beyond establishing or removing reasonable doubt. It doesn't matter what your motive is for robbing a bank, whether you wanted to feed your starving family or maliciously deprive the bank and its customers of money for personal gain, only your intent to rob it. It doesn't matter whether you killed your husband because he was cheating or because he takes you for granted. Likewise, it shouldn't matter what Ravi's motive was -- he hated gays, or he wanted to seem cool, or whatever -- only his intent, which was to deliberately humiliate and intimidate his roommate.

    99. Re:Damn unfortunate by Stargoat · · Score: 0

      Your opinion is clearly created by your aversion to violence and common sense. I've proposed a short-term punishment for short-term embarrassment. You instead want to punish a man by removing 10-20% of his life, which is what prison amounts to.

      Further, I still see no evidence that this was done because of the victim's sexual orientation. And you are a little foolish bigot against gay men, not realizing that they are just as capable of defending themselves as any other man. Gay men are just that - men. They aren't skinny little fags with limp wrists who make cosmopolitans so that all the little straight girls can condescendingly come and drink in their bars. The Stonewall Riots did not consist of men in high heels line dancing against the police. They were men ( who are by birthright inherently dangerous) who had been pushed too far. Oppose this to the stupid Clementi, who simply should have punched Ravi in the face (and then buy him a beer) rather than leap off a bridge.

      --
      Hoist Number One and Number Six.
    100. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      In this particular case, I think the jury did the right thing by rejecting the hate crime charges. It seems as it Ravi was dumb, insensitve and certainly invasive of his roomates privacy but it doesn't seem like this was a crime intended to intimidate the community.

      The jury did not reject the hate crime charges. "Bias intimidation" is the hate crime here, and Dharun was found guilty of it.

    101. Re:Damn unfortunate by Opportunist · · Score: 1

      Why do I have a hunch that you're one of those guys that usually bash Iran for its backwards laws...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    102. Re:Damn unfortunate by Kjella · · Score: 1

      In this particular case, I think the jury did the right thing by rejecting the hate crime charges. It seems as it Ravi was dumb, insensitve and certainly invasive of his roomates privacy but it doesn't seem like this was a crime intended to intimidate the community.

      But if Ravi knew it would be far more embarrassing and hurtful for him to be outed as gay, as opposed to him necking with a girl? Does it have to be hurting him for being gay and so intimidating all gays, as opposed to by being gay? I mean if someone took a sneak picture of my naked chest they'd get a lot lower sentence than if someone took a sneak picture of a woman's naked chest because she's got tits. Hmm that's actually not such a bad analogy, it's worse yes but in no way a hate crime against women. I think I agree with you.

      --
      Live today, because you never know what tomorrow brings
    103. Re:Damn unfortunate by EdIII · · Score: 1

      Your hyperbole aside, Ravi is not responsible for a young gay man's opportunities after college, or that his life was "ruined".

      Ask yourself why his life would be "ruined"? It's because he is gay right? That's a wholly separate problem, and the real one that needs to be addressed.

      Is a young woman's life ruined because she gets filmed having sex? I don't think so. It may be deeply disturbing and humiliating to her, but does it affect her ability to get a job later on? If not, then why should it matter if it is a young man having sex with another young man?

      According to another poster here that young man may have been contemplating suicide long before he met Ravi. All Ravi did was finally push him over the edge. What brought him there was the rest of society and their tolerance, or lack thereof.

      Hate crimes are bullshit, and trying to punish acts of bullying is just foolish. It might make some people feel better, especially those that were bullied in high school and perhaps college, but it does nothing to address the real problems.

    104. Re:Damn unfortunate by AthanasiusKircher · · Score: 5, Interesting

      That real issue here is not that Ravi recorded an intimate moment and broadcast it,

      Can we clear up one thing that was repeated all over the internet and is still being repeated here:

      There was no "broadcast."

      Ravi and one friend viewed something through a webcam for a few seconds. After that, on a subsequent evening when Ravi was asked to stay out of the room, he tweeted that he was going to set up a public viewing. For various reasons that I've read in conflicting accounts, this more public viewing never happened. (I believe Ravi claims he decided not to do it long before the time came.)

      So, the "invasion of privacy" seems to be based on two people across the hall spying through a webcam for less than a minute. This was certainly a jerk thing to do, but is it much different from two people across the hall quietly opening the door and peaking in? How many college students do this to spy on a roommate?

      I'm not speaking about possible bias or motivation or whatever, but the invasion of privacy did NOT involve a recording or broadcast, at least according to reliable news sources I've read.

    105. Re:Damn unfortunate by StikyPad · · Score: 2, Insightful

      Sorry, but that argument is bullshit. If a random guy walking down the street is beat up for his shoes, or because he was on someone else's "turf," that strikes just as much fear in the community. And let's stop using terrorism as a synonym for crime please.

    106. Re:Damn unfortunate by interkin3tic · · Score: 3, Insightful

      From TFA: "He rejected a plea deal in December that would have kept him out of prison and offered him assistance with immigration authorities." He clearly could have avoided doing time.

      Just like those people the MPAA/RIAA sues for 40 gazillion dollars could avoid it by settling for a mere $5000. What he did may have been mean and had terrible unforeseen consequences, but it should not have been prosecuted. His actions should have justified the victim's friends roughing him up a bit, that's about it.

      The prosecution is the really bad guys here. I can't exactly fault the guy for saying "No, I won't be intimidated into admitting what I did was CRIMINALLY wrong."

    107. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      You're misinformed. Ravi was not tried in any way for Clamenti's death. He was tried for spying on him and intimidation. Both are actual crimes.

    108. Re:Damn unfortunate by Baron+von+Daren · · Score: 1

      I am concerned that Ravi was tried on various "hate crime" related charges. There really isn't a place for these in a democratic society. The social or physical characteristics of the victim shouldn't matter for the most part.

      This is a none-sense statement. Don’t conflate democracy with 'morality' or your own personal point of view. A democratic society is one in which decisions are made through one of many possible democratic processes (yes that is tautological, but I’m trying to be brief). The process of how a society comes its decisions determines whether or not that society is democratic, not the result of their deliberations. Technically a democratic society could decide that blue eyed people should be put to death.

      By that token, a democratic society can indeed decide that the social or physical characteristics of the victim should matter. Moreover, you might argue that in microcosm a democratic body indeed deliberated on this very point in the form of the jury.

      This is not a simple situation. IMO, the sentence was extreme, but I am a fan of nicomachean, or one might say situational, ethics. Utilitarian ethics, however, does not balk at sacrificing individuals to alter the larger social dynamic if that sacrifice is effective.

      A democratic society determines what kind of ethics should be applied and where (well ideally), but there is no guarantee that those decisions will be fair or rational.

    109. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      "Most people don't understand just how long 10 years really is. That punishment would not nearly fit the crime."

      It could have been worse, he could have got the same punishment the other guy got...

      J

    110. Re:Damn unfortunate by Stargoat · · Score: 1

      I'm sorry you posted that anonymously. I'd like to have a further conversion with you, and friend you. Filming the sexual encounter was wrong, but the guy lived in a dorm. That's just part of the dorm experience. Stupid things like that happen. And I don't see a difference between filming a heterosexual couple and a gay couple. The film should be destroyed and the filmer punched in the face. Not sentenced to jail.

      I'd also say the same about the stupid boys who taunted you in high school. Punched in the face as well. No one should lose anything. Just some momentary pain as a punishment for being a moron.

      --
      Hoist Number One and Number Six.
    111. Re:Damn unfortunate by StikyPad · · Score: 1

      Again, I thought the context made it apparent. My deepest apologies for being ambiguous. I will now "go, and..."

    112. Re:Damn unfortunate by slimjim8094 · · Score: 4, Informative

      Ravi might be a douchebucket, but he is not responsible for clementi's choice to take his life.

      Looks like the prosecutor and the courts agreed with you. He isn't being charged with the kid's death.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    113. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Whats the country piece you are bringing into the picture here? Sorry which country are you from that you dont want him? Looks like you have already made a racist comment.

    114. Re:Damn unfortunate by StikyPad · · Score: 1

      And the concept is flawed. I can think of hundreds of crimes that "terrorize" a far larger group of people than a specific subset of those same people (though I would argue that being terrorized is something you allow to happen, and cannot happen without your consent), and yet they don't have bias protections. Serial killers. Serial rapists. Home invasion, FFS. These things affect everyone equally, and yet we don't have special laws that create a special class of crime based on motive, nor should we.

    115. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      The foundation of this country is free speech, and this is going down the lines of regulating speech that you have decided is offensive, which is supposed to be constitutional here.

      It's a very common thing for people to either make jokes, or to insult someone either as a joke, or when they're fighting. It's kind of unexpected that they kill themselves over it, although harassment and invasion of privacy should be taken very seriously in this case.

      It's extremely unlikely that Ravi hated gay people even, he was just acting immature by projecting his own gay anxieties by laughing at something that actually humiliated his roommate. Ravi may even be gay himself.

      Now saying something that happens to offend someone makes you a hate criminal and elevates special privileges to individuals that aren't applied equally to everyone, like for example, white people.

      This is the goal of the anti defamation league, to elevate jews and Israel above that of white people. They're against free speech. They're against white nationalist, yet they are all for Jew nationalism in Israel, where they're acting like Nazis over there.

      You can look to Canada and youtube where any potential thing that someone believes will promote hate towards a group of people, no matter how factual that speech is, is punishable as hate speech.

      And the anti-defamation league crafts these unconstitutional, biased laws and has been slowly passing them in America and wherever they can.

      I happen to be a minority that would be protected by hate crime laws, I happen to realize they're unconstitutional, anti-speech and unreasonable.

      The bill that was passed by the current administration was in fact named after two minorities that were killed yet the killers were executed or received two life sentences. But it was used as an appeal to sympathy and emotion to pass a draconian, anti-white, anti-speech law.

      Common folk are all too quick to outlaw everything and I think societies are destined to slowly wither away everyones' rights out of shear stupidity with poorly thought out laws.

      In short, don't be stupid.

    116. Re:Damn unfortunate by EdIII · · Score: 1

      LOL.

      Yeah, I am bigot for wanting true equality and not hate crimes. Never mind the fact, that no hate crime was really committed, Ravi is not actually responsible for a suicide (you logically cannot be), and the only thing that occurred here was a case of bullying and an invasion of privacy.

      I'm fighting here for Clementi, but in the right way. Not by punishing an act of bullying with a ridiculous 10 years in prison, but by trying to change how society views and treats homosexuality itself.

      By doing that, young men in the future will not be placed under that kind of stress due to their homosexuality, and quite possibly never start down that path of depression and suicidal tendencies in the first place.

      I understand it's easier to get super emotional here and just want revenge against Ravi. Not change or understanding, just revenge.

    117. Re:Damn unfortunate by amRadioHed · · Score: 1

      Your examples aren't demonstrating situations with the same actions but different mindsets, they are demonstrating three very different situations with entirely different actions that all happen to have a similar end result.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    118. Re:Damn unfortunate by venicebeach · · Score: 1

      A jury of 12 people disagrees with your assessment. This wasn't some judge with an attitude problem: This was a law passed by elected representatives, in an open and accessible public forum, with ample opportunity for public discourse. It has been affirmed countless times by a majority -- and now has been affirmed unanimously by 12 randomly-selected people from that community. You are welcome to your opinion but as a matter of law, there is little doubt as to his guilt. That said, my opinion is that you are short-sighted and bigoted, and have probably done (or thought of doing) things like this because of your own homophobia. For someone like you, a verdict like this must be pretty scary.

      The post you were responding to ("What Ravi did was punch in the nose wrong - not 10 years in prison and deportation") was about the appropriateness of the punishment, not about Ravi's guilt. The jury's role is not to affirm the fairness of the law or to determine sentencing. All the jury is doing in this case is deciding if the details of this crime fit the criteria described by the law.

      The fact that he was found guilty does nothing to establish the fairness of this law or the punishments it prescribes.

    119. Re:Damn unfortunate by zlives · · Score: 1

      biased against free sex!!

    120. Re:Damn unfortunate by epyT-R · · Score: 0

      Free societies shouldn't have nanny 'no-hate' laws because they put the freeze on any critical discourse targeted at anyone from the protected castes, whether it be at action or at character. Even the term 'hate-speech' is a fallacy because it assumes any critique as adhominem towards their protected attribute(s) (race, gender, orientation etc). Encouraging thicker skins rather than breeding more unstable sensitivity is what this culture needs. Individuals in such a culture are less likely to be affected by what others say, and are less likely to say anything about others' (situationally irrelevant) attributes because they are more mentally healthier to begin with. Of course the lgbts will mod me down for saying that, but they must realize that announcing (or in clementi's case, practicing) their position/lifestyle/politics in public, they will be judged just like everyone else is. Judgment by relevant and irrelevant attributes is a de-facto part of life. Everyone must learn to deal with it. Most of us learn this lesson by age 6. I guess clementi didn't, but placing groups of sensitive people into protected castes to shield them from the judgment of others does not help their self-esteem, whatever legitimacy their causes have, or build the free, just, and equal society they claim they want. It builds a society that caters to them exclusively, whether they're right or wrong about literally anything.

      btw, I'm not singling out gay people here. this concept applies to all 'established' activist groups, ones that have existed long enough to become integrated with the daily political process at all levels. once that happens, the PACs keep the fires burning just enough to keep themselves relevant, demanding ever more to make up for ever diminishing returns. while it's sad that he took his life, the guy had issues. Free societies cannot play the blame chain, then arbitrarily select someone for a lynching whenever an individual does something like that. I'd say 10 years for a college prank qualifies as such.

    121. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      The problem with hate crime is not that it considers the intent of the killer based on whether he was feeling hate at the moment or not, the problem is it discriminates based on the belonging of the victim to a specially protected group.

      How is racist whites going out and lynching a black man any worse than racist blacks goint out and lynching a white man ?

    122. Re:Damn unfortunate by girlintraining · · Score: 1

      You instead want to punish a man by removing 10-20% of his life, which is what prison amounts to.

      Full stop. I never said I wanted to punish him. I said the voters, elected representatives, prosecutor, and jury wanted to punish him; Which is a factual statement.

      I still see no evidence that this was done because of the victim's sexual orientation.

      Might want to get your eyes checked out then: At least 13 other people spotted it; Specifically the judge and jury.

      And you are a little foolish bigot against gay men, not realizing that they are just as capable of defending themselves as any other man.

      I have not made any statement regarding this, or any, man's ability to defend himself.

      Gay men are just that - men. They aren't skinny little fags with limp wrists who make cosmopolitans so that all the little straight girls can condescendingly come and drink in their bars. The Stonewall Riots did not consist of men in high heels line dancing against the police.

      These facts are completely irrelevant to the discussion at hand. That said, the Stonewall riots were because of men in high heels; The police who entered that day did so to arrest persons without identification and persons wearing clothing which was not gender-conforming. Although Stonewall is historically remembered as being triggered by an attack on gay men, it was in fact a direct attack on the transgender community, although a minority of the gay community would fall under that.

      Oppose this to the stupid Clementi, who simply should have punched Ravi in the face (and then buy him a beer) rather than leap off a bridge.

      I don't believe you are qualified to say what a forceful and sudden outing of a person's sexual orientation to their friends and family might have on a person's mental state, nor what, if any, pre-existing medical conditions may have been present at the time he did so. However, it is still immaterial to the issue.

      All you have done here is substituted yourself in place of this individual and then projected your own background, life experiences, and beliefs onto the situation. Projection is a coping mechanism, a form of ego-protection. That's what you're doing here: You aren't putting yourself in his shoes, nor dispassionately and objectively reviewing the facts. Worse, you're lashing out at someone who is, because the conclusions cause cognitive dissonance with your definition of what a man is. So, let me strike directly at the heart of your emotional response by saying this: A man is whatever he chooses to be, and however he chooses to act. A man is self-defined. The definition of what a man is, is therefore, entirely subjective. If you wish to accept a masculine identity where punching people in the face and then buying them beers is the correct response, that is perfectly okay (from a psychology standpoint). However, not everyone will choose to accept your definition... other men may choose differently.

      --
      #fuckbeta #iamslashdot #dicemustdie
    123. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      You have a point there. Parents spy on "their" kids all the time, and the state even encourages that and punishes parents if they give kids too much privacy and freedom. When it came out that a school spied on little kids over webcams, nobody got punished. Had Dharun been Tyler's legal guardian, the dominant opinion would deem what he did appropriate. Religious privilege and family values make it OK for parents to drive kids into despair. But none of this means Dharun shouldn't be punished.

    124. Re:Damn unfortunate by mcgrew · · Score: 1

      Have most of you even read the article?

      LOL, you must be new here. Of course not!

    125. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      By that definition most criminals are hate criminals because they terrify communities. A serial killer or serial criminal is a hate criminal too, and so is that gang of robbers and rapists because they frighten a community. Hate crime laws are anti-speech laws that try to regulate what people are allowed to feel and think, and they're unconstitutional. Wasn't there thought police in 1984? That what hate crime laws are about.

      You can retain the 3 levels of crime. They don't have to look at speech and thought. They have only too look at the heinousness or severity of the crime.

      Bringing the hate and speech and opinions into the equation is going too far. Wrong acts that terrify or intimidate are already considered crimes.

      Anyone who's spent any time on the internet should know that discussions often end in name calling and trolling. Trying to regulate people's thoughts and deciding that based on people's speech is absurd. That's what hate laws do.

    126. Re:Damn unfortunate by epyT-R · · Score: 1

      was his room private? he was sharing it with ravi no less..

    127. Re:Damn unfortunate by scot4875 · · Score: 2

      Hate crimes are bullshit, and trying to punish acts of bullying is just foolish.

      The hate crime part I can understand, though I don't personally agree with. But to extend that to not punishing bullies? What the fuck?

      --Jeremy

      --
      Jesus was a liberal
    128. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Neither can you fix it by ignoring the problem, or not recognizing that people who are motivated to commit crimes on the basis of minority attributes are far more likely to continue to commit similar crimes against those possessing said attributes than a person who exhibits the same behavior, but is not motivated by hatred.

      The reason for hate shouldn't matter. In GP's example, the first man is motivated by hate towards supporters of a competing sport team, the second man by hate towards gay people. Both feel the same level of hate and are as likely to continue committing similar crimes. They should both be punished severely. Punishing one more than the other institute a caste system for victims. Hate crime laws say some victims matter less than others.

    129. Re:Damn unfortunate by Anonymous Coward · · Score: 1

      So what? Legally, the concept is the "eggshell plaintiff". If I punch someone in the gut, and it turns out that by some weird physical defect being punched in the gut will be lethal to this guy, I'm not guilty of assault. I'm guilty of homicide.

      Maybe you're right, and this person you never met and whose shoes you will never walk in was so fragile that he was a suicide waiting to happen. Maybe Ravi outing him by filming him having sex wasn't that big a deal (I mean, why would it be? Who would mind having your sex life broadcast and laughed at all over the dorm? Pshaw.) if he wasn't already so fragile. And EVEN IF YOU'RE RIGHT, it doesn't make a difference.

      Another legal analogy - if I'm robbing a liquor store with a gun, and an innocent bystander is shot and killed by the store owner, while he was aiming at me, I AM GUILTY OF MURDER. Why? Because people getting shot is the kind of thing that is happens during an armed robbery, And you know what? I think you don't have to work too hard to say "People jumping off of bridges is the kind of thing that happens when you make their sex life a laughingstock." The likelihood in either case isn't high - but it happens, and when it does, it's YOUR FAULT.

    130. Re:Damn unfortunate by girlintraining · · Score: 1

      The foundation of this country is free speech, and this is going down the lines of regulating speech that you have decided is offensive, which is supposed to be constitutional here.

      The purpose of the first amendment was to prevent the government from quelling critical or rebellious speech which did not agree with its actions or policies. Free speech does not extend to slander, libel, inciting violence, etc.

      It's a very common thing for people to either make jokes, or to insult someone either as a joke, or when they're fighting. It's kind of unexpected that they kill themselves over it, although harassment and invasion of privacy should be taken very seriously in this case.

      Grabbing a video camera and taping someone doing something private and then releasing it publicly is not a "joke" or "insult". They are completely unrelated. Jokes and insults are words. This is the next level: Actions.

      It's extremely unlikely that Ravi hated gay people even, he was just acting immature by projecting his own gay anxieties by laughing at something that actually humiliated his roommate. Ravi may even be gay himself.

      From both a legal and ethical standpoint, irrelevant. Ravi is responsible for his own actions, regardless of motivations.

      Now saying something that happens to offend someone makes you a hate criminal and elevates special privileges to individuals that aren't applied equally to everyone, like for example, white people.

      This is not something that just "happened". It was willful and malicious. As well, it is perfectly possible for you to be prosecuted under this legislation even if you share the same attributes as your victim: White on white, gay on gay, etc. The law does not distinguish: It only looks at the person committing the act and the motivations for doing so.

      This is the goal of the anti defamation league, to elevate jews and Israel above that of white people. They're against free speech. They're against white nationalist, yet they are all for Jew nationalism in Israel, where they're acting like Nazis over there.

      You just Godwin'd yourself out of the debate. x_x

      You can look to Canada and...

      ... and I quickly notice it's not the United States. We're talking about this country's laws. The comparison is disengenuous and meaningless.

      And the anti-defamation league crafts these unconstitutional, biased laws and has been slowly passing them in America and wherever they can.

      Defamation is illegal. Has been since before this country was founded, and those laws were imported from the British and their common law system, which can trace it's lineage all the way back to the Magna Carta. Saying something that is a lie about another person with intent to harm their character has never had a place in democratic society.

      I happen to be a minority that would be protected by hate crime laws, I happen to realize they're unconstitutional, anti-speech and unreasonable.

      They are none of those things. This is a fallacious conclusion.

      Common folk are all too quick to outlaw everything and I think societies are destined to slowly wither away everyones' rights out of shear stupidity with poorly thought out laws.

      The common folk have never had the ability to pass laws, nor enforce them. That is the very definition of a commoner. As to societies... well yes, all societies are cyclical in regards to civil rights. They begin, they rise, they peak, fall, and then perish. This is hardly news.

      --
      #fuckbeta #iamslashdot #dicemustdie
    131. Re:Damn unfortunate by zlives · · Score: 1

      lets say ----- Ravi commits suicide after reading Slashdot... his suicide letter states he felt intimidated ... all slash dot commenter now serving jail time?!!!

    132. Re:Damn unfortunate by blackraven14250 · · Score: 2

      Moving on, I am concerned that Ravi was tried on various "hate crime" related charges. There really isn't a place for these in a democratic society. The social or physical characteristics of the victim shouldn't matter for the most part.

      Tell that to the African-Americans who marched to abolish "separate but equal" and were subsequently beaten, terrorized and lynched in droves....

    133. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Yeah he should have gotten a slap on the wrist for setting up an illegal spy camera and being a complete asshole. Oh and you forget how he tried covering it all up.

      Kind of like how a 18 year old girl that kills a motorcyclists because she was texting should only get a $50.00 fine because, oops she did not see him.

      The little bitch needs to go to prison for manslaughter, and this asshole deserved what he got.

      How do you not understand, "responsible for your own actions, and you pay the price." ? Life fucked up because of your own actions? Wahh. What about the persons victim? They are dead.

    134. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      i actually didnt read past you saying giving kids who removed a stop sign manslaughter charges was appropriate... Coincidentally, that's about where your credibility as someone worth listening to went out the window as well.

    135. Re:Damn unfortunate by Lumpy · · Score: 3, Funny

      Glad you feel that way, I'll be by to set up a few webcams to broadcast in your home.

      --
      Do not look at laser with remaining good eye.
    136. Re:Damn unfortunate by epyT-R · · Score: 2

      why stop there? why not make their parents liable? and the corporations that built the vehicles they used to steal the signs..and.. the manslaughter convictions are NOT appropriate. they are guilty of stealing signs. idiot drivers who were not paying attention are guilty of the results of that. if you rely solely on signs instead of the road/cars around you for safety, you probably shouldn't be on the road yourself. when you come to unsigned intersections, do you just drive on through without looking? really?

      My point is his actions certainly contributed strongly to the suicide. He did the crime. True, there are a lot of jerks in dorms all over the country, but they are lucky enough to not have people kill themselves over their actions.

      Which crime? the stated one? or the one everyone seems to want to stick him with? I think the real issue is that the punishment does not fit. 10 years in prison for 'bias intimidation'? please.. the suicide was probably inevitable. people who are that unbalanced usually end up there by something along the way.. this is the same kind of unreasoning politicians use to push for censorship of all kinds. blaming the next link along the cause-effect chain is NOT justice at all. it's a lottery.

      seriously, the under-table special pleading for clementi because he was gay does not change the fact he chose to take his life.

    137. Re:Damn unfortunate by Tailhook · · Score: 2

      Watching your roommate make out with someone would cause then to murder you?

      Law enforcement calls events like that 'domestic violence.' It happens every day.

      What planet do you live on?!

      Find a cop and ask him what planet we're living on. People get beat, stabbed, shot or run over with pickups over sexual matters, including spying, on a daily basis. Had Tyler gutted Ravi in the parking lot it might have made local news, but it would not have surprised a cop, and you would know nothing of it.

      unforseen

      Unforseen to Ravi, perhaps. As I've said, you ask a cop about this kind of thing and they'll tell you, without hesitation, people are liable to do absolutely anything when sex is involved.

      Forgive the lecture, but it's an important life lesson most people eventually pick up on. Some people have to learn it the hard way. Sex is really important. Who you mess around with, or refuse to, how, where, and who else might care can get you killed. Husbands are, without a doubt, the most dangerous.

      Maybe it's strange think in these primitive terms, but that is the planet you're on.

      Ravi should not be punished for that.

      Had Tyler snuffed himself after Ravi exposed him cheating on his girlfriend with another woman there would be absolutely no attention paid beyond local courts. This is a cultural matter and Ravi has made the mistake of pissing off the wrong element.

      someone's slashdot comment and then they kill themselves

      Apparently.

      --
      Maw! Fire up the karma burner!
    138. Re:Damn unfortunate by khallow · · Score: 2

      That makes it even worse from a freedom viewpoint. Now we're into the 1984 realm of thoughtcrime. The only mindset that should matter is motive. Did Ravi intend the sort of harm that would have caused the victim to commit suicide?

    139. Re:Damn unfortunate by epyT-R · · Score: 2

      No, but the punishment suggests they wanted to...really badly.

    140. Re:Damn unfortunate by yurtinus · · Score: 2

      "bias intimidation and spying" right there in tf-title. Of course, we'll keep arguing over it anyway but the jury found pretty much exactly as I'd expect. In most states it is illegal to record somebody without their knowledge (or the knowledge of at least one person being recorded). "Bias intimidation" sounds like a twist on harassment, and while we could argue until we're blue in the face about whether that distinction is necessary (hate crimes vs plain harassment), I don't think we'd have as much argument over Ravi harassing the other boy.

      He was not found responsible for the death of the other kid. From a quick look at the linked articles, he was never even charged with manslaughter, wrongful death, or anything related.

      --
      +1 Disagree
    141. Re:Damn unfortunate by Translation+Error · · Score: 2

      and yet we don't have special laws that create a special class of crime based on motive, nor should we.

      First Degree Murder Second Degree Murder Voluntary Manslaughter Involuntary Manslaughter Terrorism

      In this country, we have always factored motive into punishment for crimes.

      --
      When someone says, "Any fool can see ..." they're usually exactly right.
    142. Re:Damn unfortunate by squiggleslash · · Score: 4, Insightful

      Well, with hate crimes, I think it's one of the few times the T word might actually be appropriate - at least, for those involving violence (arguably not this one.)

      Look, if a random person is beat up for their shoes, most people tut tut and go on with their lives. They might avoid that area of town after dark, but they don't feel the attack was made at them, and do not feel especially at risk. They do not feel like they have to hide some aspect of themselves or get protection from others who are not like them.

      If someone is beaten up because they are gay (or black, or a woman, or whatever), then that does change the formula somewhat. Gay (or black, or female) people are suddenly aware that there's a group out there that hates them and is willing to single them out for violence if it happens. Those who are committing the act are causing terror.

      And there's a reason why we single out certain groups for protection (such as homosexuals, Jews, etc) rather than all identifiable groups (nerds, redheads, rich white men, etc) - because those groups have a history of being targeted by hate groups, and of having violence against them, and those groups lack the power and organization to protect themselves. That combination of knowing that an act of violence against a member of a group that includes you means something serious, and that you have little options in terms of defense, is why it crosses the line from "Some people are assholes" to "I have legitimate reasons to be terrified."

      Motives don't always matter, but there's at least a legitimate reason for distinguishing between a drunk flailing at a passer-by and a burning cross on someone's lawn.

      --
      You are not alone. This is not normal. None of this is normal.
    143. Re:Damn unfortunate by yurtinus · · Score: 2

      ...there were never any murder or manslaughter or wrongful death charges brought. I'm not sure where you're coming from on this statement.

      --
      +1 Disagree
    144. Re:Damn unfortunate by ultranova · · Score: 1

      Oppose this to the stupid Clementi, who simply should have split Ravi in twain with his battleaxe in the name of Crom rather than leap off a bridge.

      Fixed that for you.

      In real life, basing your decisions on macho fantasies tends to cost you, such as by spending 10-20% of your life behind bars. Also, only people who are "inherently dangerous" are those with serious mental problems. Finally, how can you refute a ridiculous stereotype just to substitute your own and not notice?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    145. Re:Damn unfortunate by afeeney · · Score: 1

      I think the entire concept of a "hate crime" is wrong. Isn't stuff like this already covered by "making threats" and "intimidation"?

      Here's two similar situations:

      1) A man at a bar repeatedly punches another man because he is wearing a t-shirt that shows his endorsement of a rival sports team.

      2) A man at a bar repeatedly punches another man because he is wearing a skirt.

      The actual crime here is assault and battery, In 1), that's all it would be, but in 2) they would tack on "hate crime", "bias intimidation", and all kinds of other crap. It'd go from a fine and a couple hundred hours of community service (at most) to a community-wide (if not nationwide) spectacle.

      Now, I do understand that certain classes of people have had really, really horrible shit happen to them in the past. This is true for every country. They demand equality, they fight for it, and they are getting it - but then they also get a lot of special laws to protect them. I don't really see this as equal - more like swinging the pendulum the other way.

      Except that a crime based on hate is a crime that has the effect of threatening an entire group. If there's a place where gay people get punched because they're gay, then that's a place where they do not feel free to go, even though others can. They feel less safe collectively. If somebody attacks me because I'm female, that threatens all females because they are female. It's the same reason that terrorism is different from general violence. If I kill a bank guard in order to rob a bank, the bank guard is just as dead as if I killed the guard because she's black. But the impact on the community is different and greater, which is why the crime is greater.

    146. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Next time you wrong someone and they end up killing themselves due to their own unrelated emotional problems, you might just change your mind.

      LOL, I can't believe you wrote that. Do you go around grievously wronging people on such a frequent basis that this would be a significant risk for you?

    147. Re:Damn unfortunate by snowgirl · · Score: 2

      Please check out the Eggshell skull rule, it holds that once you commit to performing a criminal act, you are responsible for all damages as a result of that act, even if the results are exaggerated beyond all expectations.

      Namely, pushing someone over is a relatively benign assault, and unlikely to cause serious injury. But wait! The victim has an eggshell skull, and thus his brains splatter all over the pavement, and he's dead on impact. Congratulations, you're charged with 2nd degree murder!

      So, no, it's not unfair or unfortunate that Ravi will get at most 10 years in prison, and possibly deported for a punch in the nose wrong... the fact that the victim was unstable and unable to cope with the bullying does not mitigate the harm caused by Ravi.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    148. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      No, Ravi's life was ruined by Ravi (if at all).

      I think pretty unarguably he placed at least a significant stigmata upon himself likely for the rest of his life, although if he leaves or is deported it probably won't really matter much at all then. I would agree he got himself into the circumstances though, without a doubt.

      Do I think criminal charges would have been filed if his roommate didn't kill himself? No.

      I do have a problem with this however, in a way it does almost penalize the guy simply because the other took his own life. I'm not sure where to put down my feet there though, whether better enforcement before the fact or more leverage to the defendant after the fact is more appropriate.

      If he was robbing a bank when a guard pulled a gun, ...

      Fundamentally the problem I have here is that you've gravely changed the circumstances and introduced life and death into a matter which presumably never had those contexts in it; no gun, no robbery, no guards to potentially kill, just a room and a camera. This makes the comparison mostly irrelevant to me, we might as well throw nazi's and ticking time bombs into the equation.

      Overall I'm mixed and not sure where I stand, although I know I do find it absurd that the bias charges are apparently of a much higher gravity than the spying charges, which seems quite backwards.

      As for his life being ruined, I doubt this was front page news in India. He has a better chance of finding a job there anyway.

      Well, far more importantly is that he will be able to lose the conviction in the Indian identity system, likely obtaining free and clear papers and then make it back to someplace in western Europe where he's better off anyways. It might be a sort of blessing for him truthfully.

    149. Re:Damn unfortunate by Solandri · · Score: 2

      Second, hate crimes are added on to other charges because hate crimes are actually a seperate crime. If you were driving drunk with a black friend in the car and crashed it's different than if you went and lynched someone. In the second case, you not only wanted to hurt the person directly involved but you wanted to send a message of intimidation to people like them.

      You're conflating pre-meditation with hate. The drunk driving case doesn't involve intent to kill your black friend in the car. The comparison you want is lynching someone because you don't like him as an individual, vs. lynching someone you've never met before just because he's black. The former is a murder. The latter is murder + a hate crime.

      The thing most people (including your example) are dancing around is that hate crimes are inherently unfair. That doesn't automatically mean they're a bad thing. I mean that, like affirmative action, they treat people in identical circumstances differently in order to focus corrective action against a pervasive undesirable bias. Blacks are discriminated against more as a race, so from a purely systems engineering perspective punishing that pervasive bias more harshly results in a quicker equalization of the system even though it is temporarily unfair.

      The best example I can think of is right after Obama was elected as President. Some bookstore had set up a display on books about monkeys and chipms, and someone had slipped Obama's biography into it. This was soundly criticized as racist and discriminatory by... the very same people who had been gleefully referring to Bush as "Chimp" for years. Why is it ok to refer to Bush as a chimp, but not ok to refer to Obama as a chimp?

      Neither is an acceptable thing to do. It's a double standard - just accept and admit that. But like affirmative action, it's a double standard we've adopted to try to hasten the process of equalizing and eliminating a pre-existing social bias. We're doing a little evil to achieve a greater good. We're destroying a village to help save a nation. Philosophically these sorts of situations do come up. You can either be an idealistic absolutist and demand that no biases exist period, or you can be a flexible pragmatist and accept a smaller injustice to help right a greater wrong. What you cannot be is an absolutist only when it conveniences you, and a pragmatist at other times.

    150. Re:Damn unfortunate by snowgirl · · Score: 1

      The issue here is that the gay kid responded is such an over-the-top, unforseen way. Ravi should not be punished for that. What's next - if you flame someone's slashdot comment and then they kill themselves is it now YOUR fault because you were a big meanie?

      What Ravi did would be illegal regardless of the gay kid killing himself. He's also not being held responsible for the roommate's death, that's why Ravi isn't being charged with a homicide.

      All that being said though, there is specific legal doctrine that holds that you're responsible for all the harm that your illegal act causes regardless of any special susceptibility the victim has.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    151. Re:Damn unfortunate by Capt.DrumkenBum · · Score: 0

      I find it really entertaining when homophobes get sent to prison. I would bet good money he comes out of prison with a size 12 asshole.
      And that thought makes me smile.

      --
      If I were God, wouldn't I protect my churches from acts of me?
    152. Re:Damn unfortunate by snowgirl · · Score: 1

      All intimidation is biased,

      No, it's not. Or rather, not all intimidation is hate-crime biased.

      Say, someone is dating your ex-girlfriend, but you still have a thing for her, so you want them to break up. So you start intimidating him to get him to leave her. There you go: non-hate-crime-biased intimidation.

      However, if you're intimidating someone just because they're black, then it didn't matter WHO your victim was, they didn't do anything to deserve any particular distinction or targeting except for being black. At that point, you're committing a crime against ALL black people, not just the single black person.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    153. Re:Damn unfortunate by snowgirl · · Score: 1

      I think the entire concept of a "hate crime" is wrong. Isn't stuff like this already covered by "making threats" and "intimidation"?

      Yes, and that's the crime he was charged with. The "hate crime" was an aggravating factor to the ALREADY CRIMINAL ACT.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    154. Re:Damn unfortunate by yurtinus · · Score: 1

      That's the fun of hate crimes. After all, what better way to handle persecution of somebody for being unique by making that very persecution unique under the law? Alienate and isolate the crime to further alienate and isolate the victim.

      --
      +1 Disagree
    155. Re:Damn unfortunate by epyT-R · · Score: 0

      So what? Legally, the concept is the "eggshell plaintiff". If I punch someone in the gut, and it turns out that by some weird physical defect being punched in the gut will be lethal to this guy, I'm not guilty of assault. I'm guilty of homicide.

      with this kind of logic in place, justice becomes a lottery. I sincerely hope it's not this simple. anyway, just because a law exists doesn't mean it makes sense or is the correct course of action.

      Maybe you're right, and this person you never met and whose shoes you will never walk in was so fragile that he was a suicide waiting to happen. Maybe Ravi outing him by filming him having sex wasn't that big a deal (I mean, why would it be? Who would mind having your sex life broadcast and laughed at all over the dorm? Pshaw.) if he wasn't already so fragile. And EVEN IF YOU'RE RIGHT, it doesn't make a difference.

      clementi chose to have sex in a room he SHARED with a roommate he presumably knew the character of at least somewhat. he chose to risk exposure in return for a little fun. he lost the gamble. then he chose to kill himself. he could've had his date somewhere else too, knowing the risk. I never said being outed or broadcast by others was 'nice'. What would solve this is a society that doesn't value sensitivity and emotional reaction so much. With a thicker skin and the confidence that comes with it, clementi would still be alive today as he would've realized that no one would give a shit a month later...certainly by the time the semester's over. even if not, there are plenty of other options to choose before death.

      Another legal analogy - if I'm robbing a liquor store with a gun, and an innocent bystander is shot and killed by the store owner, while he was aiming at me, I AM GUILTY OF MURDER. Why? Because people getting shot is the kind of thing that is happens during an armed robbery, And you know what? I think you don't have to work too hard to say "People jumping off of bridges is the kind of thing that happens when you make their sex life a laughingstock." The likelihood in either case isn't high - but it happens, and when it does, it's YOUR FAULT.

      No, you aren't guilty of murder. You're guilty of robbery. society CHOOSES to blame you for the bystander's death too because it feels good to finger jab and unload as much blame as possible for any fallout rather than focus on preventatives that don't trample everyone else along the way. the bystander was unlucky...and possibly stupid for hanging around in such a situation. also, using your logic, the owner could be held just as liable for mishandling a firearm...ie whichever path will make the lawyers more money and drums up support for enforcement groups finances and political lobbying.

    156. Re:Damn unfortunate by snowgirl · · Score: 1

      And the actions of his mother did not? And the actions of all the other people whom we don't even know but who certainly exist, in a world populated with homophobes to a certain degree? Yet none of these are being prosecuted. Why?

      Because what those persons did were either: a) not criminal, or b) had no evidence to prosecute a crime.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    157. Re:Damn unfortunate by snowgirl · · Score: 1

      Moving on, I am concerned that Ravi was tried on various "hate crime" related charges. There really isn't a place for these in a democratic society. The social or physical characteristics of the victim shouldn't matter for the most part.

      These charges would have stood regardless of there being any "hate crime" law. Namely, he broke ACTUAL laws, and not some "hate crime law", or something that wouldn't have been illegal if he hadn't done it because his roommate were gay.

      Hate crime legislation is typically of the form of aggravating circumstances, and/or sentence enhancement which you apparently already understand given the paragraph prior to the one that I quoted.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    158. Re:Damn unfortunate by Grishnakh · · Score: 3, Insightful

      His actions fully justified being prosecuted for invasion of privacy if nothing else. That absolutely is criminally wrong.

    159. Re:Damn unfortunate by epyT-R · · Score: 1

      10 years in prison is a pretty bold statement..

    160. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      So the equivalence

      "Equivalent", not "equivalence".

      wife gets drug off to jail.

      "Dragged", not "drug".

    161. Re:Damn unfortunate by Grishnakh · · Score: 1

      Actually, they shouldn't. Even in the absence of signs, you're expected to follow the speed limit, which is "reasonable and prudent for conditions", which may be lower than the posted limit if weather is bad. (This can also be abused by cops and there's a big argument that how are you supposed to know what a cop thinks is R&P when it's snowing, etc., but that's a different argument.) So removing speed limit signs does not really cause imminent danger to anyone; people naturally drive the speed they feel safe at anyway, which is why road planners use "calming" measures like turns in roads to make people slow down.

      The stop sign removal, however, DOES pose an imminent danger. If someone's supposed to stop, but now they think they have the right-of-way over the other direction, and the people going the other direction think the same thing, that's a deadly accident waiting to happen.

      The person removing the stop sign should get a much higher penalty.

    162. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Based on your weird comment, it seems like you may be an ignorant social conservative, so it's not surprising that you'd not feel responsible if you tormented someone to death. It's just what social conservatives do.

    163. Re:Damn unfortunate by Hatta · · Score: 1

      The fact that he chose to exercise his constiutionally protected right to a trial is no excuse to subject him to unconstitutionally cruel punishment.

      --
      Give me Classic Slashdot or give me death!
    164. Re:Damn unfortunate by StikyPad · · Score: 1

      Degrees aren't motive, they're *intent*. Completely different things legally, even if some people can't wrap their heads around it.

    165. Re:Damn unfortunate by HornWumpus · · Score: 1

      They were colonized by wankers. So was America but we kicked them out.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    166. Re:Damn unfortunate by PRMan · · Score: 2

      At least in the state of Pennsylvania, BOTH parties have to agree to the recording or it is illegal.

      I don't know about Pennsylvania, but in most states, it's only true if the recording has audio.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    167. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      you brought terrorism into this for no reason.

      Also, beating someone because he's on your "turf" isn't a hate crime - its just the normal gang violence. Beating a white guy because he's a white guy would be a hate crime.

      Intention is a big part of the law. Thats why there are different degrees of murder, manslaughter, etc. If all you cared about was that someone died and fuck intentions, you'd make an unjust and uncaring set of laws and punishments.

    168. Re:Damn unfortunate by Hatta · · Score: 2

      It is, but it's not 10 years in prison wrong.

      --
      Give me Classic Slashdot or give me death!
    169. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      " that strikes just as much fear in the community" Bullshit. Utter bullshit. You aren't afraid to go out with your friends at night because of that one guy who got beat up in a nightclub brawl. Homosexuals of a community are justifiably concerned when that brawl was gay bashing. Hitting someone to steal his shoes, and hitting someone because he's part of some minority you dislike are two completely different cases. In one, everyone won'b be fearing for their shoes, the other you have a clear intention to terrorize a minority. Also this is actually the correct usage of the word terrorize, not the double speak Murika vs. the world terrorism.

    170. Re:Damn unfortunate by ultranova · · Score: 1

      People CAN and DO change for the better.

      But does that mean that the rest of us - and specifically their victims - should pretend that their past douchbaggery never happened? Even if you'll never do it again doesn't change the fact that you did.

      There are very FEW things that should earn someone a "lifetime of payback".

      On what do you base this assertion? There are plenty of actions that have long-lasting consequences for others. Why should their perpetrators get over them any sooner than his victims?

      I understand that you are speaking from a passionate place and it's definately hard to always practice the golden rule.!

      The Golden Rule becomes problematic when we're talking about crimes committed against someone else. Forgiving the perpetrator - or even worse, putting pressure on the victim to forgive - can easily become abusive towards the victim. That's how the Catholic Child Rape Scandal went, for example.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    171. Re:Damn unfortunate by Galactic+Dominator · · Score: 1

      The question of whether "bias intimidation" should be be an extra punishment is somewhat unclear to me, but I mostly come down on the side that is shouldn't exist in that form. But that is a completely different premise than you originally forwarded isn't it? The legal definition of "bias intimidation" is excruciatingly straightforward[1], and your cries of free speech aren't applicable to this situation. The defendant was legally free to say whatever he wanted to the victim as he would anyone else. However he wasn't free to behave in a manner that would violate the law which pre-existed any bias intimidation law.

      [1] http://abcnews.go.com/US/rutgers-juror-dharun-ravis-words-convcited/story?id=15922681#.T2OvVDWbDRY

      --
      brandelf -t FreeBSD /brain
    172. Re:Damn unfortunate by Stargoat · · Score: 1

      That's great stuff and nonsense. Hrmph. This sort of thing is why we need jury nullification.

      Thanks for sharing that snowgirl. :) Good input. Wish I could mod it up.

      --
      Hoist Number One and Number Six.
    173. Re:Damn unfortunate by T.E.D. · · Score: 1

      Gotta disagree with this. There's a huge difference between everyone being afraid of random crime, and a certian group of people being terrorized specifically to stay away from certian resources, locations, activites, etc. It makes perfect sense for the first to be just one crime for the act in question, while the second is also a crime for the attempt to terrorize other people.

      (Note. I had mod points, but posted a disagreement rather than modding the poster down. This is a common belief, and needs to be refuted, not ignored).

    174. Re:Damn unfortunate by HeckRuler · · Score: 2

      Welcome to a jury of your peers. They're vindictive little shits aren't they?

    175. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      So is broadcasting your roommate's private sex life on the Internet

    176. Re:Damn unfortunate by HeckRuler · · Score: 1

      up to10 years, so more like 5, which means he'll serve 2.

    177. Re:Damn unfortunate by khallow · · Score: 1

      Any society determines what kind of morality (not ethics which is a systematic study of morality) should be applied and where. That doesn't make them democratic societies. What makes democratic societies democratic is that every free man (well at least that meets certain citizenship/elector requirements) has a vote on how the government should be made up and to some extent the most important issues of the day. One easy way to make a democratic society undemocratic is to create laws that, just based on the thoughts of free men, turn them into criminals, such as the hate crime laws do. These laws are particularly insidious because we don't have a lot of control over some of what we love and hate. The very groups that can be legal victims of hate crimes are often those which trigger strong irrational responses.

      The problem here is that while the actions of Ravi in the story are criminal, his mindset shouldn't be. Some people really hate or are repulsed by homosexuality with an irrationality that can't be shaken. It's not fair to them to make those thoughts and passions more illegal when they act on them than other nearly equivalent negative thoughts and passions that get more slack from the public mob.

      Suppose Ravi was instead jealous and did the tweet to get back at a lover or remove a rival. Same outcome, but now his mindset is of a jealous lover (which incidentally is probably firing most of the same mental circuitry that any homophobia he had would occupy). Society doesn't think the result is cool, but they at least won't add to his punishment beyond the actual crime done.

      Same crime but he might get a lesser punishment, maybe even allowed to stay in the US. This differential in punishment for irrelevant details and their consequence to the people so convicted is what makes these laws undemocratic.

      Note my use of the phrase "same crime". The only part of a mindset which I see as relevant to a crime is intent. Evidence of virulent homophobia may partly demonstrate intent. But thought in itself is not crime, even when acted upon in a criminal manner.

    178. Re:Damn unfortunate by StikyPad · · Score: 1

      Neither can you fix it by ignoring the problem

      That's a false dichotomy. There's a range of actions between ignoring the problem and criminalizing motive.

      A man who hits someone at a bar because he's wearing a skirt is far, far more likely to do it again.

      Citation needed.

    179. Re:Damn unfortunate by EdIII · · Score: 2

      Ok.

      Punish a bully for what?

      If it is physical violence, then you are going to punish that according to laws that deal with physical violence, and not "bullying".

      So that leaves non-physical abuse. Just what do you propose? 1 year in prison for name calling? Everything else in the real world would be handled by laws regarding harassment, civil suits, and restraining orders.

      I see nothing specific about bullying that is not already handled by some other process. As far as just being an asshole or a bitch goes, that person has to deal with it for the rest of their life.

      Sociopathic people and "bullies" exist everywhere. Sending them to prison might sound like a good idea, but it really does make no sense. You can't punish people criminally for harsh words and treating people like crap. If that were true we would have a multi-billion dollar industry just housing PHB's.

    180. Re:Damn unfortunate by readin · · Score: 1

      I would say the guy violated the husband's privacy first (and whole lot more). If we can't punish that, how can we punish the husband?

      The housemate thing is a different matter since they're not married. However 10 years is still overdoing it. A large fine, community service, maybe even a month in jail - those would be appropriate punishments. 10 years is an example of the government committing far worse bullying than anything Ravi was accused of.

      --
      I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
    181. Re:Damn unfortunate by khallow · · Score: 1

      Tell that to the African-Americans who marched to abolish "separate but equal" and were subsequently beaten, terrorized and lynched in droves....

      Assault and battery and murder were illegal then as well as now. Hate crime laws do nothing to change that except to unfairly add to some peoples' sentences.

    182. Re:Damn unfortunate by silverspell · · Score: 1

      How is racist whites going out and lynching a black man any worse than racist blacks goint out and lynching a white man ?

      It isn't worse, and AFAIK, the law as written doesn't make any claim to that effect. If a white hipster moves into a poor black urban neighborhood, and a bunch of black teens beat the shit out of him and tell him "Your kind don't belong on this side of town", then they should -- they must -- be prosecuted under hate-crime legislation. Their lives should be destroyed; they should lose their youth, and a good chunk of their adulthood, to prison; they should be subject to the full power of the penal system.

      And -- just to be clear -- the exact same thing should happen to white kids who beat up black newcomers. Racially motivated violence is a dagger thrust at the heart of a civil, egalitarian society; it endangers its very premises. So the point is to send a message to everyone who feels even the whisper of a temptation to pull this crap, and the message is: try it, and we will fucking wreck you.

      Look, it's not a big secret that most people are reluctant to talk about the fact that a lot of black-on-white crime is racially motivated, or at least has a strong racial subtext. It wouldn't surprise me if police departments and DAs are reluctant to use hate crime laws against black perps for fear of touching off a shitstorm. (Not to mention that in some urban areas, a lot of the power brokers are black, not white.)

      That said, it doesn't really have anything to do with hate-crime laws, which offer the same penalties regardless of the targeted race AFAIK. It'd be unconstitutional to write a law that said that white-on-black crime was "worse" than black-on-white crime, or vice versa. But as we all know, there are places in the US where people find every possible reason to excuse the behavior of black criminals, blaming everything they do on poverty or racism or whatever...

      ...and then, there are other places in the US where law-abiding, middle-class black citizens are openly threatened by the local authorities, and told that if they stick around after the sun goes down, their lives may be forfeit.

      So maybe it all sort of balances out -- not that that means much to the victims of any of these crimes.

    183. Re:Damn unfortunate by readin · · Score: 1

      Bias against adultery? An implied threat to anyone else who might cheat on the wife?

      --
      I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
    184. Re:Damn unfortunate by preaction · · Score: 2

      So you're arguing it should have been vigilante justice and that would've settled it? Sounds good! The court of public opinion has already found him guilty, now which member of that court will serve the sentence? Let's hope it's not one of the homicidal ones.

    185. Re:Damn unfortunate by lgw · · Score: 0

      It's a damn thought crime - it's only a crime if you're thinking the wrong thing when you do it. I thought we didn't like those. Ooops, wait, did I think something wrong?

      When people stop seeing the problem with overbearing totalitarian government even when we start having actual Thought Crime on the books, well, the fight is lost.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    186. Re:Damn unfortunate by khallow · · Score: 1

      Hate crime legislation is typically of the form of aggravating circumstances, and/or sentence enhancement which you apparently already understand given the paragraph prior to the one that I quoted.

      I consider that small difference. I don't see homophobia or bigotry as a valid aggravating circumstance any more than if the plaintiff had been a jealous lover. The existence of such a mindset might have supported a claim that the plaintiff intended the sort of harm (including suicide) that he inflicted, but that's a different matter and not an institutionally created crime or aggravating circumstance.

    187. Re:Damn unfortunate by lgw · · Score: 1

      And yet to you 10 years is a reasonable penalty, given it had nothing to do with a death. Wow. You really love you some totalitarianism. Death sentance for anyone whose politics are wrong, forgiveness for all right-thinking people, am I right?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    188. Re:Damn unfortunate by Galactic+Dominator · · Score: 2

      Learn the definition of thought crime. The defendant wasn't convicted on what he thought. He was convicted for what he did. He's free to hold whatever opinion he wishes on homosexuals, but he's not free to break the law on behalf of them.

      --
      brandelf -t FreeBSD /brain
    189. Re:Damn unfortunate by glodime · · Score: 2

      My point is his actions certainly contributed strongly to the suicide.

      He was not found guilty of contributing to the suicide of Mr. Clementi.

    190. Re:Damn unfortunate by glodime · · Score: 2

      But even worse, Ravi is also going to have his life ruined by a man who decided to end his own.

      No, there is no "even worse". Someone is dead, and it isn't him. There are precious few situations in life in which surviving is a worse fate than dying: Getting deported, or spending 10 years in jail, is not on the short list.

      He was found not guilty of contributing to the suicide of Mr. Clementi.

    191. Re:Damn unfortunate by glodime · · Score: 1

      He was found not guilty of contributing to the suicide of Mr. Clementi.

    192. Re:Damn unfortunate by snowgirl · · Score: 2

      I consider that small difference. I don't see homophobia or bigotry as a valid aggravating circumstance any more than if the plaintiff had been a jealous lover. The existence of such a mindset might have supported a claim that the plaintiff intended the sort of harm (including suicide) that he inflicted, but that's a different matter and not an institutionally created crime or aggravating circumstance.

      Ravi would have committed his act against any gay roommate. There was nothing that his roommate did that provoked Ravi's criminal behavior except for being gay.

      It's not ok to commit crimes, but it's especially not ok to commit those crimes against people just because of who they are. They're not committing a crime against an individual, they're committing a crime against a whole class of people, that we already agree it is unacceptable to discriminate against...

      Or do you think it should be ok to fire a person because they're black, white, female, male, gay, straight, transgender, disabled, old, young, etc?

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    193. Re:Damn unfortunate by bulletman · · Score: 1

      > 1) A man at a bar repeatedly punches another man because he is wearing a t-shirt that shows his endorsement of a rival sports team. > 2) A man at a bar repeatedly punches another man because he is wearing a skirt. This happens quite often in Scotland.

    194. Re:Damn unfortunate by glodime · · Score: 1

      Sure he was an asshole, but I don't think he was actually trying to set out to kill the man, or cause the man to kill himself.

      He was found not guilty of contributing to the suicide of Mr. Clementi.

    195. Re:Damn unfortunate by epyT-R · · Score: 1

      same as a typical first time murder.. which was my point..

    196. Re:Damn unfortunate by glodime · · Score: 1

      Ravi was found not guilty of contributing to the suicide of Mr. Clementi.

    197. Re:Damn unfortunate by StikyPad · · Score: 1

      Allow me to explain why your rationale doesn't hold up, and to provide a fallback if you don't accept that.

      The example I gave of someone assaulting someone else because they were in the "wrong place," on someone else's turf, is exactly aimed to strike fear at a member of a person who is not in the same group as the assaultees, and to send a message to anyone else who is not in their group, but it's very unlikely to be viewed or prosecuted as a hate crime. In fact, it happens every day -- so often in many cities that it doesn't even make the news. That makes it a much bigger problem, yet we don't have special laws to combat it because we recognize that it's endimic of a deeper problem and that making more laws won't fix it anyway (and arguably because it doesn't usually affect upper-middle class Jim or Jane).

      Another example is a spree of home invasions. This is *very likely* to set a community on edge, and often does. Are you going to argue that a gay man getting beat up causes more fear and terror? If so, how do we objectively measure and quantify these things? And if we can't (which I think you'll concede), then why should we be assigning a value to them arbitrarily?

      But even if you don't buy any of that -- if you think that we hate crime laws -- then let's limit it to intent and not *motive*. I've already explained the difference elsewhere, but if you're not clear, the former is what you meant to do, and the latter is why you meant to do it. Does anyone really believe that Ravi was trying to send a message to *all* gays, or was he just being intolerant of his roommate? Did the gay community at large, exclusively and rationally, suddenly worry that they were under threat of being videotaped, or was it limited to people who share living quarters with Ravi? Does anyone really think anyone thought "Thank God I'm not gay; I don't have to worry about whether my roommate might be filming me in my dorm room?" Of course not. This crime may have been motivated by intolerance, but that shouldn't be enough on its own because its intent was not to strike fear into the hearts of all gays.

    198. Re:Damn unfortunate by Baron+von+Daren · · Score: 1

      I think you missed my point. That’s partially my fault as I didn’t proof-read that comment.

      One easy way to make a democratic society undemocratic is to create laws that, just based on the thoughts of free men, turn them into criminals, such as the hate crime laws do.

      This is the kind of non-sense I’m talking about. You can’t make the democratic process undemocratic by the very use of the democratic process. If the majority of people in a democratic society, or in the case of the US the majority of legislators, want to make certain thoughts criminal they can. Enforcement may be problem, but that’s neither here nor there.

      My point is that people are conflating the concept of democracy with other concepts like liberty or their own personal definition of fairness and morality. Democracy can be both wrong and tyrannical (to the minority). Being a democratic society simply means there are democratic rules in play.

      Simply put, if laws that were democratically enacted make ‘hate crimes’ punishable, it is non-sense to say that laws that make ‘hate crimes’ punishable are undemocratic.

    199. Re:Damn unfortunate by Galactic+Dominator · · Score: 1

      And yet to you 10 years is a reasonable penalty

      Excuse me, but where did I defend the length of the sentence? That's right I didn't, and if you could be bothered to read some of my comments on the topic you'd have known that. Had you done so you'd also see that in general I'm not a big fan of hate crime laws, but I can see their purpose to some extent.

      Another thing I'm not a big of is ignoramuses who equate "hate-crime" laws as being equal to "hate-speech" laws. There is a very grave difference between the two and I encourage you to know the difference. Hate crime laws are not about censorship, a dangerous territory indeed. Hate speech laws are which is why I very much despise them.

      --
      brandelf -t FreeBSD /brain
    200. Re:Damn unfortunate by yoshi_mon · · Score: 1

      This is a tough one and we just had that discussion in another thread about how Plea Bargains are used and their varying degrees of good vs bad. (The later being a huge discussion as well.)

      Without knowing the details of how it went down in court, my guess is that he showed little to no remorse of his actions. And that right there is not good. What we try to do with laws sometimes is course correct the overall behavior of our society with them. Some are pretty well agreed upon and we don't have to have this debate: IE rape, murder, torture. (And sadly of course that last one has been thrown back into the mix of 'up for debate' by the powers that be. Those who did it and those in current power that never prosecuted it. They are all guilty imo.)

      Back on topic, this case and the laws surrounding it are trying to tell society that it is NOT OK to bully someone for their sexual orientation with the kind of persistence and vehemence that was displayed by Ravi. And that his defense of, "Oh well I did not know it was not ok to bully someone like that," fell flat on its face when exposed for the simple fact that it is just bigotry.

      Those of us who do not believe in bigotry are trying to correct that with the help of the Rule of Law because that is one of the tools we as a society use. However bigotry itself is still out there in many forms and people will fight back against moves to correct it.

      --

      Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
    201. Re:Damn unfortunate by dkleinsc · · Score: 1

      Serial killers. Serial rapists. Home invasion, FFS.

      Those are typically crimes targeting individuals. Multiple individuals, one at a time, but individuals nonetheless.

      Hate crime laws were designed for behaviors like picking a black person at random and murdering them because they were black, with the very express intent of "sending a message" to all black people that they needed to leave town if they didn't want to be murdered. This has happened with groups other than racial ones, with Leo Frank and Michael Shepard being some of the most notable cases.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    202. Re:Damn unfortunate by Githaron · · Score: 1

      To me, six months seems excessive. Invasion of privacy? Sure. Was he being a dick? Yes. But in the end, the room was shared space and he showed two people privately, not the whole world. At most, this deserve some heavy scolding by his peers and possibly community service.

    203. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      I think the point being argued about hate crimes is they're only applied to certain groups. Who decides which groups are protected? Let's say a Nazi or sex offender were assaulted, would the perpetrator be charged with a hate crime in addition to the assault? I think not.

    204. Re:Damn unfortunate by loshwomp · · Score: 1

      Looks like the prosecutor and the courts agreed with you. He isn't being charged with the kid's death.

      Yes, but he was, irrefutably, charged because of it. If Clementi hadn't taken his own life, the most likely outcome would have been nothing whatsoever.

    205. Re:Damn unfortunate by bezpredel6 · · Score: 1

      What if the husband and hist lover are of different race? Or what if his lover is another dude? Should then there be permissible to charge her, on account of the possibility of "bias"

    206. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      The differences in mindset between premeditated murder and negligent manslaughter are fairly well established and have existed for hundreds of years in common law. The problem with "hate crimes" is the threshold appears to be pretty low, and is nice icing on the cake for prosecutes to throw on just about any other crime that has the slightest hint of racial, sexual, religious, income disparity etc. basis. It is not unlike the "terrorist act" that is now routinely thrown on to offenses, which most slashdotters will agree is preposterous. Once upon a time, if you had a heated phone conversation with coworker/boss/neighbor while drinking late at night and told him you you were going to do him bodily harm (with many expletives) and you hated him and everyone like him (fill in the blank for whatever makes him different than you) you would be sited for conveying a threat and harassment. Now you get the bonus of conveying a "terrorist" threat and a hate crime.

      This is not hypothetical but a case my dad had on jury duty. It was what appeared to be a pretty obvious case of idle threats made in the heat of anger. Not something I condone, but ridiculous to categorize as a "terrorist threat" or "hate crime". It belittles those that really are. Burn a cross on the lawn? OK, I'm good with hate crime, but that threshold needs to be pretty high. In this case I do not see clear and convincing evidence that Ravi's primary motivation was "hate".

    207. Re:Damn unfortunate by lgw · · Score: 1

      What's the difference between a hate crime and a normal crime with the same behavior? Only what the attacker is thinking at the time. Thought Crime, pure and simlpe. There are already laws against X, we don't need new laws against "X while thinking unapproved thoughts".

      --
      Socialism: a lie told by totalitarians and believed by fools.
    208. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      First, Ravi was convicted of intimidation, except for the intimidation charges against the guy who did not kill himself. I guess because that guy didn't jump off of a bridge.

      Second, the mistake you're making is in deciding that because the law looks at intimidation therefore people who commit acts that intimidate are therefore motivated to intimidate the community. It's sophistry.

      It's like saying that people are excited by birds flying, therefore birds fly to excite the community. It's a logical fallacy. That's why the law was applied wrongly because the law is stupid, as are the hate crime laws. They involve a sort of witch hunting.

      Moreover, it's irrelevant what the intentions were, outside of them being bad intentions alone, and that's all that should matter. That's how the law is normally supposed to work, and that makes it fair.

      So back to the driving analogy, someone who kills someone intentionally is committing murder, and not an accident. It doesn't really matter that it intimidates a community that something bad happens, it matters that they murdered someone. And communities are generally not allowed to participate in trials because they turn them into witch hunts, and they get intimidated by ridiculous things, by the way.

      Moreover, hate crime laws are racist because if a black person were to say I'm going to kill you Ni**er, and a white person were to say it, only the white person would be guilty of advanced charges of hate crime and intimidating a community.

    209. Re:Damn unfortunate by PeanutButterBreath · · Score: 2

      And the concept is flawed. I can think of hundreds of crimes that "terrorize" a far larger group of people than a specific subset of those same people (though I would argue that being terrorized is something you allow to happen, and cannot happen without your consent), and yet they don't have bias protections. Serial killers. Serial rapists. Home invasion, FFS. These things affect everyone equally, and yet we don't have special laws that create a special class of crime based on motive, nor should we.

      You don't seem to understand the difference between a group targeted by a historic pattern of discrimination and any random collection of people.

      Imaging an enemy agent assassinates the leader of a country. Some might argue that treating that crime any differently than any other murder is illogical and immoral because it treats the value of one victim differently than another. However, most people would realize that even if we agree that all human lives are equally valuable, assassinating a head of state is more than just murder. It is also an assault the entire country, and indeed the international community's integrity. As a practical matter, it calls for more of a response than a random street crime.

      It should be obvious that that killing the leader of Lower Slobovia is an especially big deal even though its population of 40,000 is much smaller than an average American city terrorized by a serial killer.

    210. Re:Damn unfortunate by lgw · · Score: 1

      What's "Bias Intimidation" again? It's intimidation while thinking unapproved thoughts, yes?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    211. Re:Damn unfortunate by PeanutButterBreath · · Score: 1

      was his room private? he was sharing it with ravi no less..

      Many dorms have restrooms shared among many students. Are they fair game for video surveillance by any of those students?

    212. Re:Damn unfortunate by slew · · Score: 2

      The very term "bias intimidation" itself is crazy vague. And you're crossing pretty far into free speech territory there without a guide. Does it include insulting someone? Calling them a derogatory name? And who decides what's derogatory or not, or what is an insult or not?

      If you are a member of a "protected class" you get to decide what's derogatory or not. If you are not a member of a "protected class", you don't get to decide. That is the current state of affairs (in case you haven't noticed).

    213. Re:Damn unfortunate by StikyPad · · Score: 1

      Nonetheless, if the justification for hate crime laws is that it "terrorizes" a group of people, then it's wrong to ignore the terror caused by other crimes; the only difference is the scope of people affected, not (rationally) the odds of a member of that group being a victim, especially if the offenders are dealt with under existing law for things like murder. It's not, or shouldn't be, less of a crime to kill someone because you don't hate them; in fact, many people would find killing someone for a reason other than hate, such as pleasure, to be even more heinous.

    214. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Well, you're stupid. We don't know why he chose not to take the deal, but I'd guess it was because he wasn't a hateful intimidater, he was just laughing at sexuality like every other boy and apparently girl does too. It's sometimes hard to realize that when you laugh at gay stuff it has the potential to hurt people who take it the wrong way and jump off a bridge. I don't think Ravi had any expectation that any of that would happen. I believe most people laugh at gay stuff because they're a little titillated by it. It's complicated but it's not always intended as hate but it makes the person who's the target uncomfortable.

    215. Re:Damn unfortunate by stephanruby · · Score: 1

      1) A man at a bar repeatedly punches another man because he is wearing a t-shirt that shows his endorsement of a rival sports team.

      You forgot option #3

      3) A man at a bar repeatedly punches another man because he is wearing a t-shirt that shows his endorsement of a rival sports team. And that other man dies, because of medical reasons unbeknownst to the first man who punched him, nevertheless the punches coupled with the pre-existing medical condition are found to be what triggered his death.

      In life, this happens all the time. I remember the case of two African Americans sucker punching randomly two Chinese American guys on the streets of Oakland a while ago. One of those Chinese guys died as a result of the sucker punch. Was his death improbable? Yes. Was his death unfortunate? Yes.

      But that doesn't meant that the guy who punched him won't have his life ruined by the Justice system because of what his punch caused. If you're going to commit a crime, you have to be willing to accept the consequences of that crime (however improbable those consequences were supposed to be). And the same goes if you start a fight in a bar, if you punch someone -- you better pray that the person you hit doesn't die on you.

    216. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Yes, but if you stole one stop sign, another person stole a 10km/h sign just before it and another person stole the 50km/h sign before that one and so on... who is to blame? The last person or them all?.. It's wrong to put all the blame on one person in a case like this..

      Even society has been pushing against gay people for a long time..

      Sure, what he did was wrong, but 10 years in prison and deportation for a crime like this is just crazy.. maybe 3 months in prison + 3 years probation and a big fine.. Prisons should not be used as punishment but to both deter people from doing stuff and also prevent people from doing something again.. Putting someone in today's prisons just creates another hardened criminal for the most part, especially if they are in for 10 years..

      He is being deported. After he becomes a hardened criminal, they get to deal with him.

    217. Re:Damn unfortunate by PeanutButterBreath · · Score: 2

      Hate crime laws do nothing to change that except to unfairly add to some peoples' sentences.

      Someone who does not believe that running people over is wrong could similarly argue that vehicular manslaughter laws do nothing to change reckless driving laws other than unfairly add to some people's sentences.

      Hate crimes don't add to some people's sentences. They recognize and punish additional crimes that are committed under some circumstances.

    218. Re:Damn unfortunate by StikyPad · · Score: 1

      Please see my rebuttal here.

    219. Re:Damn unfortunate by Galactic+Dominator · · Score: 2

      Bias Intimidation laws are laws designed to escalate punishments based upon motive. Escalating punishments based upon motive is already how the justice system works and has been almost since it's inception. See http://yro.slashdot.org/comments.pl?sid=2730083&cid=39381299 for more details.

      So now under your definition things like premeditation constitute thought crime, but that isn't how thought crime is typically defined is it?. These laws can *only* escalate if a traditional law has been violated, and you can and should be punished more for why you did it. Otherwise we have no need for charged like murder vs manslaughter. Circumstance and motivation must be taken into account and your proposal leaves no room for such considerations. Only the simple minded could think such a system results in fairest possible outcome.

      --
      brandelf -t FreeBSD /brain
    220. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Rejecting the deal means that you deserve extra 10 years in prison? It must be great to be a prosecutor ... got more power than a judge and you do not have to follow those pesky rules ...

    221. Re:Damn unfortunate by edt12345 · · Score: 0

      By your very flawed logic, I'd say the many/most OWS folks are guilty of hating on a small minority (they call them the 1%). Why should we not add hate crime enhancements to their vagrancy and desctruction of public property charges? Since their motivation is hate of people with money, they are clearly guilty, right?

      To use the words "hate crimes" is simply being uber-PC. It is popular amoung the liberal elites that if one disagrees with their ideas, they person who disagrees is filled with "hate". More often than not, I find that the hate, if any exists is found in the attitude of the so-called elites toward their "inferiors".

      I don't believe there are any justifications for "hate crimes" charges. I encourage anyone serving on a jury to "nullify" those laws.

      Look, everyone is a minority of some type. Claiming that a crime targets a minority group is silly in most every case where an individual is the victim. Suppose a black person breaks into my house and steals things from me because he knows that people in my neighborhood are white and rich and thus have things he can sell for a lot of money. Why is this not a hate crime? Surely this makes my neighbors afraid. He clearly is causing that fear, therefore add 20 years to his prison sentence.

      This college student did something that hardly qualifies as a crime. All I can say is that the jury are a bunch of fools that were poorly instructed by the judge.

    222. Re:Damn unfortunate by Ihmhi · · Score: 1

      Yes, I know. At the time it was honestly necessary to repair the damage done after the Jim Crow laws ended. But it's been 50-60 years since that era, and it's certainly been long enough that the horrible racism of that time is a distant memory and nothing more than an occasional statistical hiccup nowdays.

    223. Re:Damn unfortunate by Ihmhi · · Score: 1

      I feel that Tartan is unfashionable and that it needs to go. There, I said it.

    224. Re:Damn unfortunate by realityimpaired · · Score: 1

      I suggest you read through last year's TDOR list. That's a list of victims of hate crime, and it comes out every year... every person on that list died or was murdered because they were transgendered, and there are often very gruesome circumstances surrounding their deaths. These people are killed in a way that is very obvious that they were being "punished", and not just a random incident. I will not go into the details here, you can read them for yourself. I read them, out loud, last November at the national human rights monument.

      It's very different from a random incident on the street. And many other groups are equally targeted... different racial groups, the queer community at large, religious minorities, etc.. Hate crimes exist specifically because those groups are targeted.

      As for Ravi's actions... no, I don't think he was specifically targeting the gay community. I think he was an idiot who didn't consider the consequences of his actions. I think he was very firmly rooted in the "I'm the only person that matters" mentality that abounds in the US these days, and didn't even realize that his actions would have effects beyond his own enjoyment. As a lesbian, I don't feel any fear about his actions, which is probably why they didn't convict him of hate crimes, but that does not excuse his actions. And no matter how you sugar coat it, his actions were motivated by the fact that his roommate was gay, hence the finding of bias.

    225. Re:Damn unfortunate by khallow · · Score: 1

      Ravi would have committed his act against any gay roommate

      ...who kicked him out so he could have sex. But let's suppose you are correct, that the only relevant factor to his decision was that the roommate was gay. Then so what?

      It's not ok to commit crimes, but it's especially not ok to commit those crimes against people just because of who they are.

      I disagree with the "especially" part. What makes bigotry in crime even remotely relevant to the severity of punishment for the crime?

      Or do you think it should be ok to fire a person because they're black, white, female, male, gay, straight, transgender, disabled, old, young, etc?

      It's worth noting here that an employer has a responsibility to the employee that a criminal doesn't have to his victim. Such as, the employer will not impose onerous conditions after hiring or fire someone for frivolous reasons such as what social groupings the employee happens to be part of.

      It makes no sense to say that the crime of mugging should carry a stronger penalty because someone looked a certain ethnicity than because they wore nice clothes. The crime is the same. The harm is the same.

    226. Re:Damn unfortunate by realityimpaired · · Score: 1
    227. Re:Damn unfortunate by snowgirl · · Score: 1

      It's worth noting here that an employer has a responsibility to the employee that a criminal doesn't have to his victim. Such as, the employer will not impose onerous conditions after hiring or fire someone for frivolous reasons such as what social groupings the employee happens to be part of.

      Why not? A murder is charged more harshly for killing a police officer (in some states, it's a special circumstance that allows for capital punishment). Assault of a police officer is always more harshly punished than simple assault. What is so special about the police, that they should get special protections?

      After all, by your argument "[t]he crime is the same. The harm is the same."

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    228. Re:Damn unfortunate by khallow · · Score: 1

      You canâ(TM)t make the democratic process undemocratic by the very use of the democratic process.

      Sure, you can. You conflate process with action. A democratic process can be used to make undemocratic actions, such as actions that destroy the original democratic process.

      For example, the election of Nazi members to the Weimar parliament in 1932, dissolution of the Free Republic of Prussia in that same year, Hitler's appointment as Chancellor in 1933, and a few subsequent nominally democratic steps that plunged into one of the more odious totalitarian governments of history.

    229. Re:Damn unfortunate by muridae · · Score: 1

      A jury disagrees.

    230. Re:Damn unfortunate by muridae · · Score: 1

      Young people can be cruel and callous. However, that is equality. It makes no difference that the young man was gay. Every man, and every woman, has to deal with people like this, and a lot of stupid stunts pulled in high school and college. Yes, some of those stunts can be very invasive and designed to humiliate people. Welcome to college.

      Welcome to life. When behavior crosses the line from legal and assholish to illegal, you are screwed if you get caught. The whole "well, they are young and stupid" thing is an understandable push back against the zero-tolerance agenda of the past decades, but both are wrong. Actions have consequences. Ravi did something illegal, that crime has a listed punishment of up to 10 years in prison. So that's what he should get. If you don't agree that it's reasonable in this case, get the law changed.

    231. Re:Damn unfortunate by RsG · · Score: 1

      It is, but it's not 10 years in prison wrong.

      Are you sure about that? This was someone filming two other persons engaging in intimate acts without their knowledge or consent. If the couple being spied upon were heterosexual and the spy was a stalker getting his rocks off, he'd actually get worse than this, particularly if NJ has a sex offender registry.

      Not saying I agree entirely with the law on this one, but I don't personally believe that the accused here was given worse sentencing because of the orientation of his victim.

      --
      Erotic is when you use a feather. Exotic is when you use the whole chicken.
    232. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      "Others do it too" is not a valid defence.

      I would say it's a bit more nuanced than that.

      In the context of a society that was almost unanimously hostile to gays until very recently, where homophobia and anti-gay sentiments are still accepted in many circles, it is unfair to pin the blame for this poor kid's suicide on one asshole.

      Suicide rates for homosexuals are much higher than for heterosexuals. This didn't happen in a vacuum.

    233. Re:Damn unfortunate by Cederic · · Score: 1

      "I caught that damn bitch sleeping with ..."

      Suddenly there's a gender bias involved.

    234. Re:Damn unfortunate by EdIII · · Score: 1

      The only thing he was convicted of that holds any water is invasion of privacy. As far as I am concerned, that should be a 6 month to a 1 year sentence at the worst. Prison and jail are rough places and a rush to judgement on time to be served rarely fits the actual crime, or is even consistent with other serious crimes.

      He was not convicted of "causing" the suicide, which is right. He may have been an asshole, but he can't be held responsible for the man committing suicide. At least not logically.

      The whole "well, they are young and stupid" thing is an understandable push back against the zero-tolerance agenda of the past decades, but both are wrong. Actions have consequences

      Bias intimidation is a bullshit law, and as one other poster put it quite succinctly, it further alienates the victim by giving them special prosecution. Saying both are wrong in the way you do, implies they are equal. Far from it. Bullying and hazing are bad, but 10 year prison sentences? Worse.

      People can be assholes and treat other people horribly. Creating a law that vaguely states if it can be reasonably believed you did so because the person fell into a minority category, and that if a crime was committed (regardless of scale) you can be subjected to 10 years in prison is going way too far.

      My problem with this is that it does nothing to address the real problems. That boy did not receive justice. Nothing is really being learned by that kind of sentencing.

      We are becoming a nanny state and a country of pussies where every little feeling that gets hurt is a criminal offense. It's like the Care Bears took over the justice system.

      It would be far better to address the fundamental problem. That is how homosexuality is viewed in society, period. If Ravi is responsible for this young boy's fate, then churches, religion, the far right, etc. are all as equally responsible for creating an environment that tortured this young boy from the start.

      That is going to take time and involvement by parents actually raising their children to be tolerant of others. That goes for discrimination not limited to sexual orientation.

      As somebody else said, discrimination is not solved by adding further discrimination.

    235. Re:Damn unfortunate by Cederic · · Score: 1

      Steal my wallet because I'm gay or steal my wallet because you want what's inside - what is the difference to me, my wallet is still stolen.

      And tomorrow, am I going to steal your wallet again?

      If I'm after your money, no, I stole it today.
      If I'm targeting you because you're different to me, yes, I'm going to cause you that additional pain even though there's no benefit to me.

      The difference to you is that you get your wallet stolen, and someone that isn't gay doesn't. Why would that ever be right?

    236. Re:Damn unfortunate by russotto · · Score: 1

      No, there is no "even worse". Someone is dead, and it isn't him. There are precious few situations in life in which surviving is a worse fate than dying: Getting deported, or spending 10 years in jail, is not on the short list.

      Personally I'd rather be dead than facing 10 years in prison.

      A jury of 12 people disagrees with your assessment. This wasn't some judge with an attitude problem: This was a law passed by elected representatives, in an open and accessible public forum, with ample opportunity for public discourse. It has been affirmed countless times by a majority -- and now has been affirmed unanimously by 12 randomly-selected people from that community.

      Juries are not infallible. Elected representatives are not infallible. I see no reason to defer to a person's judgement merely because they got picked for a jury or for the legislature.

      I'm appalled by your casual disregard for the seriousness of this person's crime: It was clearly motivated by a desire to embarass his victim

      Assuming that's true, he should have been acquitted of the bias intimidation charges; embarrassment is not intimidation.

    237. Re:Damn unfortunate by Asic+Eng · · Score: 1

      But when someone makes a threat based on certain characteristics of a person, such as race, religion, sex, sexual orientation, or ethnicity, they are disgracing the very foundation of this country,

      Fine, but that country's foundation is regularly disgraced, and that disgracing is part of mainstream culture. Even more fundamental: allowing that disgracing is part of the foundation as well.

      What you are saying is "discrimination is wrong, but if you do it, you shouldn't be treated any worse for having done so."

      I think - and probably GP, too - that a man beating someone up is wrong. If the victim is chosen because the drunk attacker looks for someone to beat up, or because he belongs to another race - the attacker should face punishment. The motivation for the attack is hatred in both cases - random hatred on the first guy, racial hatred on the second guy. Justice is served by giving them both the same punishment.

      You stop short of giving your belief any teeth, any hope of implementation.

      I disagree with that, too. Discrimination is fought by punishing the attack. The guy getting beaten up because of his skin color receives protection - by the attacker receiving equal treatment under the law. That hasn't always been the case, historically - making sure it is now, *is* fighting discrimination. So is arguing and convincing others that discrimination is wrong. Dropping one ideal - Justice - in favor of another one - Equality - is counter productive. There is no way a slightly higher punishment would deter a racist who is determined to commit a crime which already which would already receive a high punishment.

      It's an attempt to shortcut convincing people that their ideas are wrong, by legislating random sanctions. It's transparent it's unconvincing and it's unjust - and because of that it's fodder for racist demagogues. It's hard to make their job easier than that: by actually handing them an argument that is true.

      A man who hits someone at a bar because he's wearing a skirt is far, far more likely to do it again.

      If that's actually the case: repeat offenders usually get harsher punishments. Justice is served by actually punishing the person who re-offends, not by punishing the person who has statistically a higher chance to re-offend.

    238. Re:Damn unfortunate by expatriot · · Score: 1

      Hate crime is a reality and should be punished. If you mean gangs hate each other, that is true but the issue is more subtle than that.

    239. Re:Damn unfortunate by cavreader · · Score: 1

      With all the people bitching and moaning about the right to privacy it is weird that they are now down playing that part of the story. If a person is in the town square throwing around derogatory statements about any group it is OK but spying on someone in their own residence is not not OK. The government doesn't have a monopoly on assaulting first amendment protections.
      Today people can tend to accept any breach of privacy only if it supports their opinion or biases. but anything that clashes with their world view is not OK.

    240. Re:Damn unfortunate by Cederic · · Score: 1

      Filming the sexual encounter was wrong, but the guy lived in a dorm. That's just part of the dorm experience.

      It shouldn't be.

      Living in a dorm doesn't exempt your right to privacy or permit other people to be complete cunts.

      I'd also say the same about the stupid boys who taunted you in high school. Punched in the face as well.

      I went to a school that would suspend you for punching someone in the face, whatever the provocation. But everyone in that school had parents in the military, where violence is a necessary part of the job and people understand the need for constraint.

      Do you want to punch me now that I'm taunting your lack of self-control? Do you realise how fast you'd be arrested for assault? Why the fuck should doing it in school or a dorm be any fucking different?

    241. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      someone else's ideologies disagree with my self-imposed ideologies! That makes them a horrible, horrible person!

      You are an intolerant asshole. The difference between the person who you so callously derided and yourself is that he puts up with the shit he doesn't like. That's tolerance. You tear at him like his apathy has insulted you personally, bringing out every strawman, logical fallacy, and poorly-defined buzzword you can think of in order to show that he is less human than you are. That's the definition of intolerance. and an intolerant asshole like yourself is a bigger threat to our civil liberties than a hundred million tolerant, "casually-disregarding" citizens. I'd suggest to you that you should take a time out for introspection, but I wonder what good it would do someone who never sees past the nose on their face in the first place.

    242. Re:Damn unfortunate by electron+sponge · · Score: 1

      A jury disagrees.

      If we want to get all pop-statistical about it, half of them had two-digit IQ's.

      Sure there's a selection bias since juries are pulled from the voter rolls and those people tend to be... oh fuck it I'm surrounded by assholes.

      Thoughtcrime doubleplusungood

    243. Re:Damn unfortunate by drinkypoo · · Score: 1

      Why is it ok to refer to Bush as a chimp, but not ok to refer to Obama as a chimp?

      Because Bush looks more like a Chimp than Obama does, duh.

      We're doing a little evil to achieve a greater good.

      What evil? And what good?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    244. Re:Damn unfortunate by khallow · · Score: 1

      Someone who does not believe that running people over is wrong could similarly argue that vehicular manslaughter laws do nothing to change reckless driving laws other than unfairly add to some people's sentences.

      That would be incorrect, because the fairness is evident, there's a dead person not just a case of bad driving. What's the additional harm in the "hate crime"? Someone's feelings are hurt because they got targeted by thugs for their looks rather than their money?

    245. Re:Damn unfortunate by khallow · · Score: 1

      What is so special about the police, that they should get special protections?

      I imagine the harsher penalty for killing a police officer exists for much the same reason as resisting arrest and perjury are considered crimes. It's intended to punish those who attempt to evade or thwart justice.

    246. Re:Damn unfortunate by drsmithy · · Score: 1

      What's the difference between a hate crime and a normal crime with the same behavior?

      Intent. Like the difference between manslaughter and murder.

    247. Re:Damn unfortunate by stdarg · · Score: 1

      That's weird that you would compare someone speeding with someone who was suicidal and wanted to die.

      If you steal a stop sign you can cause people to die who really didn't want to die. But triggering someone's suicide after it's been building for years could be something really and truly minor.

    248. Re:Damn unfortunate by drsmithy · · Score: 1

      [...] Ravi is not actually responsible for a suicide (you logically cannot be) [...]

      Now there's an interesting point of view. Do you think someone cannot logically be responsible for fraud, as well ?

      I'm fighting here for Clementi, but in the right way. Not by punishing an act of bullying with a ridiculous 10 years in prison, but by trying to change how society views and treats homosexuality itself.

      And you don't view targeting perpetrators committing crimes specifically because of their bias against homosexuality to be doing that ?

    249. Re:Damn unfortunate by stdarg · · Score: 1

      You don't understand the difference between motive and intent. Premeditation shows intent to kill, it doesn't ask why someone is killing (motive).

      For instance, if you spend 3 months planning the perfect murder and it involves selecting a victim at random to throw off police.. that is premeditated murder, even though you have absolutely no motive for killing the particular person you selected. Whether your motive for the whole thing is because you want to be in the history books, or whether you believe Satan is talking to you... doesn't matter.

      Really the only time motive matters off the top of my head is self-defense. You may intend to kill someone or intend to risk killing someone but because you were doing it with the motive of protecting yourself and your family that's ok.

    250. Re:Damn unfortunate by stdarg · · Score: 1

      You don't share urinals or bathroom stalls with other people, they are divided. And in college nobody owns the bathroom. You aren't even allowed to keep personal items in them - at least at my college we had to keep our toothbrushes etc in our dorm rooms and take them to the bathroom on each use.

      But in a dorm room the beds are not divided. Your personal stuff does belong there. It's totally fine to have a PC and a webcam in a dorm room.

    251. Re:Damn unfortunate by ryanov · · Score: 1

      Guy could have plead guilty weeks ago and gotten 300 hours of community service. That choice is what he has to blame for his jail time.

    252. Re:Damn unfortunate by stdarg · · Score: 1

      Filming the sexual encounter was no more wrong than the sex itself. How could it be? You don't have the same type of privacy in a dorm room living with someone else as you do in your own personal bedroom. If Ravi was concerned that the 30 year old non-student sex partner was dangerous or might steal his stuff he had every right to set up a webcam to monitor the room. HIS stuff is there too.

    253. Re:Damn unfortunate by ryanov · · Score: 1

      No, perhaps it was 300 hours community service wrong. But he decided that he did not owe anyone that.

    254. Re:Damn unfortunate by stdarg · · Score: 1

      Living in a dorm doesn't exempt your right to privacy

      Obviously it does. You have absolutely no right to privacy from the person sharing your living space. You want to have sex? Too bad, the other person can be right there watching you. You don't like the fact that he has a PC and webcam? Too bad, it's his personal stuff and it has as much of a right to be there as you and your stuff.

      I mean you have lived in a dorm I'm assuming? You know there are two different people living in the same space, with no separations, dividing walls, or anything like that?

      It's like saying you have a right to privacy while sharing a tent with someone. Makes no sense.

    255. Re:Damn unfortunate by ryanov · · Score: 1

      No, it's intimidation as a direct result of thinking "unapproved thoughts."

    256. Re:Damn unfortunate by EdIII · · Score: 1

      Now there's an interesting point of view. Do you think someone cannot logically be responsible for fraud, as well ?

      If you are responsible for a suicide, which is death, then it turns into a homicide. So yes, it is logically precluded that Ravi could be responsible for the suicide.

      You are going to draw specious conclusions that some harmful words caused a person to kill themselves and punish them for words?

      Ravi was not responsible for the suicide.

      And you don't view targeting perpetrators committing crimes specifically because of their bias against homosexuality to be doing that ?

      No. In fact, I see it as the opposite. It gives special treatment to one class of victims over another. Other than invasion of privacy, what crime was actually committed? Hate crime laws are nothing but an attempt to use discrimination to cure discrimination.

      I'm all for putting him away in jail for 6 months on the privacy violation alone. It's ridiculous to pin the death on him or punish him because of how he was treating the victim.

    257. Re:Damn unfortunate by ryanov · · Score: 1

      You're embarrassing. Basically this guy didn't have the right to fool around with someone in college because he knew his roommate was homophobic and might respond? If this would have been fine if there were a female and Clementi, then obviously there's a problem.

    258. Re:Damn unfortunate by ryanov · · Score: 2

      Community service was the plea he offered. He didn't take it because he basically said he'd done nothing wrong. Throw the book at him.

    259. Re:Damn unfortunate by Bing+Tsher+E · · Score: 1

      Traditionally, escalation of punishment is left to the discretion of the sentencing body (the Judge.) Why do new laws have be spun up to replace the discretion of the Judge?

    260. Re:Damn unfortunate by ryanov · · Score: 1

      No, you're not a bigot -- you're just ignorant and don't understand hate crime laws. You also don't understand that the kind of change you're talking about takes probably a generation and that this shit is happening RIGHT NOW.

    261. Re:Damn unfortunate by darkmeridian · · Score: 1

      Yes, when blacks were being lynched for being black, and their bodies were left on trees so other blacks would stop being so uppity, that didn't count as terrorism because Muslims weren't involved. I disagree with the verdict in this case but hate crime laws are meant to protect an entire subclass from being singled out.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    262. Re:Damn unfortunate by Cederic · · Score: 1

      You have absolutely no right to privacy from the person sharing your living space.

      Nonsense. If they search your belongings, that's an invasion of privacy. If they record you when they're not in the room, that breaks various laws in various countries.

      I mean you have lived in a dorm I'm assuming? You know there are two different people living in the same space, with no separations, dividing walls, or anything like that?

      Of course. Which is why I know it's easy to retain personal space in such circumstances, why I know it's important to establish and retain boundaries, and why privacy is harder to achieve and thus more important.

    263. Re:Damn unfortunate by stdarg · · Score: 1

      Democracy is, at its very core, about creating great people, who can then do great deeds for its own citizens: All the great scientists, engineers, poets, writers, politicians, are a product of this cultural belief.

      What garbage! Plenty of non-democratic societies have produced great scientists, engineers, poets, writers, and politicians.

      Within that context, hate crime legislation is specifically a response to the behavior of others which is overtly limiting and damaging to this most central of beliefs.

      I think you're right in the sense that that's what proponents of hate crime legislation believe. Unfortunately for society, it is wrong.

    264. Re:Damn unfortunate by stdarg · · Score: 1

      Fair enough, there are still some things that can be kept private, but lack of observation isn't one of them. While one roommate is having sex, the other roommate is perfectly within his rights to open the door, say "What the hell, why are you having sex" really loudly, and walk right in.

      I don't know if you're right about recording the room. I'm sure people are allowed to have PCs with webcams in dorm rooms. Whether they're on while the person is there or not seems immaterial to me.. the fact that owner lives there and has every right to be there and observe what the camera is observing is what differentiates this from e.g. bathroom cameras. (The owner of the webcam in a bathroom doesn't have the right to come in and watch you in person, so he shouldn't have the right to do it remotely with a camera either.)

      You may be right about the legality of it, but nobody said all laws were intelligent or moral.

    265. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Are you being serious? Even if you don't buy the "Bias Intimidation" stuff he most certainly did criminal acts.

      1. Invasion of Privacy. You honest don't think filming someone having sex and displaying it to other people shouldn't be a crime? How would you like someone filming your parents together and displaying it?

      2. Witness tampering. He tried to get witnesses to lie to the police. In what parallel universe do you live in where that is just "being an asshole". Are you in the mob?

      1. HA HA HA HA HA

      2. Fuck the police.

      Somebody died and it is not a tragedy. Your privacy is not sacrosanct from individuals. The system is broken already. Don't give it respect it doesn't deserve.

    266. Re:Damn unfortunate by drsmithy · · Score: 2

      You are going to draw specious conclusions that some harmful words caused a person to kill themselves and punish them for words?

      The conclusion is hardly specious. If you don't think individuals have harmed and killed themselves due to psychological abuse from others you're either incredibly stupid or incredibly naive.

      No. In fact, I see it as the opposite. It gives special treatment to one class of victims over another.

      Er, no. It applies a special punishment to one class of _perpetrator_ over another. Which is a long and well established tradition (some would say foundation) of pretty much every justice system ever conceived. It's why there are different sentences for manslaughter vs murder, or shoplifting vs armed robbery.

      Other than invasion of privacy, what crime was actually committed? Hate crime laws are nothing but an attempt to use discrimination to cure discrimination.

      Hate crime laws are an attempt to isolate particular forms of behaviour considered harmful and act to isolate them from society. Just like any other law.

    267. Re:Damn unfortunate by Jiro · · Score: 1

      Well, yeah, there were never any murder or manslaughter charges. That just makes it worse--they are basically trying and punishing him for murder without actually having to bring charges for murder that he could possibly rebut.

    268. Re:Damn unfortunate by blackraven14250 · · Score: 1

      Obviously the people doing the assaulting and lynching didn't give a flying fuck about those laws, and the people doing the investigating at the local level didn't like niggers either. That's why the laws exist - make damn sure the punishment fits the aggravated crime that it is.

    269. Re:Damn unfortunate by ZipK · · Score: 1

      I think you could make a point without sending someone to prison for ten years on some vague charge of "bias intimidation."

      As vague as this New Jersey statute?

    270. Re:Damn unfortunate by stdarg · · Score: 1

      It isn't worse, and AFAIK, the law as written doesn't make any claim to that effect. If a white hipster moves into a poor black urban neighborhood, and a bunch of black teens beat the shit out of him and tell him "Your kind don't belong on this side of town", then they should -- they must -- be prosecuted under hate-crime legislation. Their lives should be destroyed; they should lose their youth, and a good chunk of their adulthood, to prison; they should be subject to the full power of the penal system.

      That may be how the law was written, but it's not how the law is applied. In interracial crime, it's far more likely for a white suspect to be charged with hate crimes than a black suspect.

    271. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      PP wasn't using terrorism as a synonym for crime, and didn't mean it in the sense of bomb-wielding terrorists. And no, that doesn't strike as much fear into the community.

      Certain acts and words are used against minorities and the disempowered precisely because they strike fear into their hearts, as a means of social control. Burning a cross in a white person's yard, and burning a cross in a black person's yard, are profoundly different. The latter elicits terror due to deep cultural programming, and people use it to that advantage.

      I'm not saying I agree with hate crime legislation, but you have to understand that the experience of being on the receiving end of these sorts of acts when you're a minority is qualitatively different than the experience of being on the receiving end of violence that isn't targeted at you *because of your identity*.

    272. Re:Damn unfortunate by stdarg · · Score: 1

      A racist program to benefit blacks has resulted in.. benefit for blacks? "Shocking."

      It's offensive that you would even say that. Imagine if someone defended slavery by saying "I have to point out that slavery has helped create prosperous white-owned plantations, and I don't believe that would have happened nearly as fast without slaves." Isn't it still bad to own slaves, even though, yes, some people benefited from slavery??

    273. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      There are certainly connotative differences between the terms ‘process’ and ‘action,’ but they are largely synonyms. As such, I don’t know if that was a subtle troll, more non-sense, or simply requires further articulation.

      An action or process cannot be both democratic and undemocratic simultaneously and in the same context. The dissolution of democracy via democratic process is still a democratic process. The fact that it results in the dissolution of democracy has no bearing on that reality. To the same effect a law that diminishes the scope of democracy is still democratic, if enacted democratically. The founding documents intentionally limited the forms of democracy in the United States government, but one would not contend that the US is not a democracy (well...we might be a plutocracy now, but we won't go there. Also, we could cut heads over the exact description and form of US democracy; it is a constitutional republic with a representative democracy, etc.).

      In any case, I am not making judgments about this or that (e.g. weather the idea of hate crimes is good or bad), so any arguments to that effect are red herrings. I am simply saying that a law enacted via a legitimate democratic process is by definition the result of a democratic process. There is no sleight of hand going on here. You or I may find any particular democratically enacted law absurd, intrusive, immoral, unfair, etc., but that has absolutely no bearing on the fact that it was democratically enacted.

      I can’t fully speak to your example without some research that I’m not in the mood to do right now. In any case, Germany’s decent into a totalitarian dictatorship was a continuum that began democratically. It was not a monolithic and singular action. The Nazi’s abuse of power may not have been democratic itself, but much of their election to power was initially democratic ( I am assuming a lot here, again, I’m not an expert on the rise of the Third Reich).

      We may have to agree to disagree at this point. I was making a small technical observation, and this is a tangent on the thread itself.

    274. Re:Damn unfortunate by stdarg · · Score: 1

      Those are typically crimes targeting individuals. Multiple individuals, one at a time, but individuals nonetheless.

      From what I know from my extensive background of movie and tv watching, serial killers often target groups, not individuals.

      For instance, Jack the Ripper targeted prostitutes. The "Son of Sam" killer claimed his neighbor's dog demanded the blood of young, pretty girls. The DC sniper targeted Americans. I don't remember their names but I know there are serial killers who have targeted the homeless.

      In fact it's pretty rare for a serial killer to just pick people at random. They usually have a group they are after.

      On another note, it's sad to me that on TV whenever there's a serial killer some "expert" will say "Ok we're probably looking for a white male, age 30, who doesn't have many friends" or something like that. It's sad because you never, ever hear those kinds of stereotypes for other criminals. There's never a robbery and then someone says "Ok we're probably looking for a black male" for instance.

    275. Re:Damn unfortunate by ryanov · · Score: 1

      Motive and intent are often tightly interrelated.

    276. Re:Damn unfortunate by Galactic+Dominator · · Score: 1

      You don't understand the difference between motive and intent

      Thanks for the caring attitude, but I do understand the difference between motive and intent. I encourage you to expand yours. Here's some info for you:

      http://en.wikipedia.org/wiki/Motive_(law)

      http://papers.ssrn.com/sol3/papers.cfm?abstract_id=921111

      --
      brandelf -t FreeBSD /brain
    277. Re:Damn unfortunate by ryanov · · Score: 1

      Wow.

    278. Re:Damn unfortunate by khallow · · Score: 1

      That's why the laws exist - make damn sure the punishment fits the aggravated crime that it is.

      If assault and murder won't be punished then neither will hate. For these sorts of laws to even make sense, some semblance of justice must already be in place.

    279. Re:Damn unfortunate by dbIII · · Score: 1

      Ravi and one friend

      That bit was probably worth a few more years on top of the original spying.
      You guys seem to forget that is just the icing on the cake. Society hates it when people go around watching others having sex without permission to watch or film and the law reflects that.

    280. Re:Damn unfortunate by stdarg · · Score: 1

      Nope, they exaggerate the punishment to satisfy the racist urges that many people have. Some people get so much more angry when someone of their own race is attacked that they have to have more justice than other people.

      If someone kills somebody else for wearing the color red (or whatever gang colors are relevant locally), that is just as hateful as killing someone because their skin is dark.

      Killing somebody because they are black is not worse than killing someone because they annoy you.

    281. Re:Damn unfortunate by ryanov · · Score: 1

      ...who kicked him out so he could have sex. But let's suppose you are correct, that the only relevant factor to his decision was that the roommate was gay. Then so what?

      Oh holy shit! 'cuz THAT never happens in college.

    282. Re:Damn unfortunate by Pfhorrest · · Score: 1

      Each of these scenarios is a different crime with different sentencing guidelines

      1) Driving a car drunk with your spouse in it and getting into a crash where they die
      2) Walking in on your spouse cheating on you and killing them in the heat of the moment
      3) Meticulously planning how to kill your spouse over the course of several months

      The difference between those three is the degree of intention, not the object of intention. It's accidental, passionate, and premeditated.

      There would also be a difference between:

      1) Driving a car drunk with your gay roommate in it and getting into a crash where they die
      2) Walking in on your gay roommate having gay sex and killing them in the heat of the moment
      3) Meticulously planning how to kill your gay roommate over the course of several months

      And that all makes perfect sense (though I'm honestly not too fond of the "crime of passion" level there in either case, as then we have to draw arbitrary lines about what it is "reasonable" to be emotionally unreasonable about, and how long it is "reasonable" to be so emotionally unreasonable).

      But what doesn't make sense is differentiating between:

      1) Meticulously planning how to kill your spouse over the course of several months
      2) Meticulously planning how to kill your gay roommate over the course of several months

      or, perhaps more poignantly:

      1) Walking in on your spouse cheating on you and killing them in the heat of the moment
      2) Walking in on your gay roommate having gay sex and killing them in the heat of the moment

      In both of these pairs of examples, the degree of intention was equal. You decided for whatever reason to do something horrible, thought about it for a while, and followed through with it; or you walked in on something which sufficiently offended you and did something horribly in response.

      The latter pair I think best illustrates it. In both cases, you walked in, saw someone having sex with someone you didn't approve of, and killed them. What does it matter who they were having sex with or why you are so offended by it; neither justifies murder any more or less.

      It applies just as much in the premeditated case as well: it doesn't matter who you intended to kill or why you intended to kill them, what matters is you intended to kill someone, and did so.

      I don't think anyone's disputing the equality in the accidental case, so no comment there.

      And back to the topic at hand: how would it be different if someone had filmed his wife together with another man and showed it to other people, embarrassing and shaming her to the point of suicide, compared to what Ravi did here?

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    283. Re:Damn unfortunate by stdarg · · Score: 1

      The wikipedia article says:

      A motive, in law, especially criminal law, is the cause that moves people to induce a certain action.[1] Motive, in itself, is not an element of any given crime; however, the legal system typically allows motive to be proven in order to make plausible the accused's reasons for committing a crime, at least when those motives may be obscure or hard to identify with.

      Based on that, which I agree with, how are you differentiating murder and manslaughter based on "circumstance and motivation?" Motive has nothing to do with it.

      Maybe I misunderstood your rationale for bringing in different degrees of murder. To me, it indicates that you think motive is the difference between manslaughter and murder, as in, "If John killed Susan because he thinks she's a slut, that's murder, but if John killed Susan because he didn't like her makeup, that's just manslaughter."

      If I'm right, can you explain more of what you think rather than posting links? If I'm wrong, I apologize for leaping to conclusions, but surely you would admit your statement about murder vs manslaughter being based on motive was incorrect.

    284. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Irony: fantasizing about a homophobe being punished using homophobic imagery

      See, this is why so many people hate gays and are against gay rights. Being gay is just gross, so gross that it is actually a horrific punishment to be involved in a gay situation. Gays will never be accepted. Every straight person thinks "ew" when they think of two gays together.

    285. Re:Damn unfortunate by stdarg · · Score: 1

      I think what Ravi did was completely okay. He set up a camera in his own dorm room, big deal. There's no expectation for sexual privacy in a dorm, I know, I've lived in one. Your dorm mate has just as much right to be there as you, and has the right to have personal property like a PC and webcam as well. It's a dorm room, not a private bedroom!

      It's like setting up a webcam pointing to your own front lawn, and then some people have sex on your front lawn and sue you for filming it. In a place where there's no expectation of privacy for sex, you cannot get in trouble for violating that privacy.

    286. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      ... front page news in India. He has a better chance of finding a job there anyway.

      Not really. Indian companies also do a lot of background checks starting from a simple google search. Why is there an impression that there is an abundance of jobs in India?

    287. Re:Damn unfortunate by khallow · · Score: 1

      There are certainly connotative differences between the terms âprocessâ(TM) and âaction,â(TM) but they are largely synonyms.

      No, they aren't. I don't consider a process and a particular outcome of that process to be synonymous.

    288. Re:Damn unfortunate by stdarg · · Score: 2

      Just wanted to add, I read this in a New York Times article:

      Mr. Ravi had rejected plea deals, because prosecutors would have required him to admit to bias intimidation. His lawyers said he simply did not believe he had committed a hate crime. They argued that he was “a kid” with little experience of homosexuality who had stumbled into a situation that scared him.

      So it's not that he refused to accept a slap on the wrist, it's that he refused to have a hate crime on his permanent criminal record. Even if there was no prison sentence, that's a pretty serious thing to have to talk about on your future job interviews, if you really believe you didn't commit a hate crime.

    289. Re:Damn unfortunate by stdarg · · Score: 1

      Tyler Clementi chose to kill himself. Nobody made him do it. Nobody made him have gay sex in a dorm room he shared with a straight man. Nobody made him value Ravi's opinion so much that he was "intimidated" that Ravi was joking about him with his friends.

      Tyler Clementi is the only person to blame for the unhappiness of Tyler Clementi and his subsequent death.

      This is like America's version of the blasphemy laws so popular in Muslim countries. Oh you laughed at a gay man and made him feel bad?? Go to jail!

    290. Re:Damn unfortunate by khallow · · Score: 1

      Oh holy shit! 'cuz THAT never happens in college.

      And I'm sure that every other time it happens, the person who gets kicked out handles it maturely. You know, this being college and all.

    291. Re:Damn unfortunate by stdarg · · Score: 1

      Hopefully this will be challenged all the way to the Supreme Court and dismissed, and the law overturned. Not only is it vague, it seems.. very wrong. Look at this NY Times article:

      Reflecting the difficulty of defining hate crimes, it had taken the judge more than an hour simply to instruct the jury on the questions they had to answer to reach a verdict.

      The jury concluded that Mr. Ravi had not knowingly or purposely intimidated the men when he watched the first time, on Sept. 19, 2010.

      But it found him guilty of the charge because Mr. Clementi “reasonably believed” he had been made a target because he was gay.

      So.. his *speech* was unintentionally intimidating, and that makes him guilty. He wasn't calling for violence or harassing the "victim".. but the victim felt targeted even though he wasn't being targeted by the admission of the jury.. that's absolutely RIDICULOUS.

    292. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Basically what I get from your rebuttal is that you are OK with harassment of someone who is gay, for no other reason than them being gay, which will result in their pain misery suffering, and if need be their death. Not only are you OK with it, but don't even see it as a problem.

      Personally I find it worse that people like yourself and Ravi who want to see gay men suffer don't even think this is abnormal, and do not look beyond your own emotional needs.

      "Why so harsh man? He didn't *mean* for that guy to kill himself, so it's all OK. Despite the fact 'teh gays are saying they too are more worried, I don't want to see that so will say no other teh gay feels threatened. It's only a dead body, let's just brush it off as a ticket"

      In fact I find it sickening you can label such hatred as a "rebuttal" in the first place, and knowing how little you value the life of others (Not all life obviously, just other people than yourself!)
      Obviously everyone else who is gay should just laugh it off like a funny joke.. HA HA, dead gay man, so funny, such a joke!

      Fuck you
      No other signing off, just fuck you.
      I hope you wake up in the middle of the night with a lit mattress on top if you for the crime of being born with a penis... Just like you think is so funny and not a big deal when it happens to others for the same "crime".

    293. Re:Damn unfortunate by ryanov · · Score: 1

      If immaturely means attempting to broadcast it to others, then yes, every other time it does seem to get handled maturely.

    294. Re:Damn unfortunate by Galactic+Dominator · · Score: 1

      If you continue reading the article, you'll come across this quote:

      "Motive is particularly important in prosecutions for homicide. First, murder is so drastic a crime that most people recoil from the thought of being able to do it; proof of motive explains why the accused did so desperate an act."

      Additionally, if you review studies which compare conviction rates and sentencing vs motive, you'll see that motive plays a rather large impact in both. So to be clear, I'm not disputing the claim that something like "Motivation is irrelevant to criminal cases" is taught at major prestigious law schools across the US. What I am disputing is the veracity of that claim. I also dispute the morality of such a position although that's a different discussion.

      --
      brandelf -t FreeBSD /brain
    295. Re:Damn unfortunate by AthanasiusKircher · · Score: 1

      You guys seem to forget

      Who exactly is "you guys"? At no point did I ever defend Ravi's actions in any way.

      permission to watch or film

      See, you're doing it too -- "film" implies a recording. There is no evidence that there was ever a recording, and there certainly was never a broadcast.

      Ravi's actions are clearly wrong and probably illegal. I did not and will not defend them in any way. However, most of the outrage about this case rests on a rumor that Ravi recorded and spread a video across the internet. This is not true. What he did was the equivalent of a roommate and a friend surreptitously opening the roommate's door and peering in for a few seconds.

      This is undoubtedly a breach of trust, and it is certainly wrong. But I do think the reactions of many posts here and elsewhere are distorted by the belief that Ravi did further more egregious things that he did not do. I think fairness and ethics requires us to judge him on what he actually did, rather than what the internet imagines that he did.

    296. Re:Damn unfortunate by AthanasiusKircher · · Score: 2, Informative
      I am not at all defending Ravi's conduct, which appears to have been despicable.

      However, you might want to read up on the case you're ranting about before telling other people about their ignorance.

      the harassment, intimidation and embarrassment of his "outing" pushed him over the edge.

      If your spouse videotapes their spouse while they are with their adulteress/adulterer (let's not imply it's always the guy who cheats, okay) in their bedroom and broadcasts it to the world ... we might feel it was justified.

      As a well-researched recent New Yorker article pointed out: There was no recording. There was no broadcast. And the victim was already "out." With this knowledge of what actually happened in the case, please feel free to modify your rant as appropriate.

    297. Re:Damn unfortunate by jmactacular · · Score: 1

      I disagree. This doesn't rise to criminality to me, it was his room too. He had the right to set up a webcam in his own room. The fact he broadcast it was wrong, but not put you in prison wrong. The biggest penalty he should have received was to be kicked out of school. We imprison far too many people, by pandering politicians passing stupid laws, making things crimes out of things that are not really crimes. Don't even get me started on criminalization over plants.

    298. Re:Damn unfortunate by jmactacular · · Score: 1

      Oh wow, I thought they did broadcast. If they didn't broadcast, then he must have a pretty crappy lawyer to get convicted of essentially doing nothing. WTF?!

    299. Re:Damn unfortunate by justaguy516 · · Score: 0

      Actually, it has been reported in all Indian newspapers and few news channels. I don't think many people were paying attention, but things might change if deportation all of a sudden became a consideration.

    300. Re:Damn unfortunate by Antony-Kyre · · Score: 1

      I don't know the full story. But if the article is of any indication, it sounds like it was voyeurism.

      What I question is why Clementi committed suicide. Some of the comments on WSJ indicate it may not have been related to Ravi, and yet the jury was biased because they didn't see the suicide notes. Read the comment that starts with "If you carefully read the statements from Tylerâ(TM)s parents" on the article page.

      On another note, should motivation make a crime, or should motivation only be used for sentencing?

    301. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      You wrote:

      Yes, it is. But when someone makes a threat based on certain characteristics of a person, such as race, religion, sex, sexual orientation, or ethnicity, they are disgracing the very foundation of this country, as well as any country that would consider itself a democracy: Namely, that all people equal under the law. But that equality doesn't start with the law, rather it is the product of a deeply-held cultural belief, which the law reflects and follows from. Democracy is, at its very core, about creating great people, who can then do great deeds for its own citizens

       

      Excuse me, but "democracy" is not about being equal under the law. Democracy is basically "majority rule" so it is perfectly compatible with creating laws that do not treat people equally. 51% of the people could vote to enslave the other 49%, and this would be perfectly compatible with a pure "democracy". Many of the founders of the US despised democracy as they saw it for what is was: mob rule. Thank good gravy we live in a Republic!

    302. Re:Damn unfortunate by bungo · · Score: 1

      Well, I can see a difference.

      People were calling Bush a chimp because of his lack of intellect.

      People were calling Obama a chimp solely because of the colour of his skin.

      You can't see the difference?

      Or do you think that Obama is just as intelligent or less than Bush?

      (I'll give you a hint, one insult is directed to the specific person, the other is directed to a race. Can you tell which is which?)

      --
      "The best part? I became an ordained minister while not wearing pants." -- CleverNickName
    303. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Every man, and every woman, has to deal with people like this,

      I never had anyone trying to surreptitiously tape one of my intimate moments. Nor have I ever heard about that from anyone I've ever met, or anyone they ever met. I'm sorry you did.

    304. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      It's reasonable to believe he may have been harboring conflicting thoughts concerning suicide before he ever met Ravi.

      No. Thats a stretch and implausible connection. Or do you believe people who go visit the top deck of sky scrapers, or look at boats or use the internet to be also researching suicide?

    305. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Incorrect....

      "She testified that she told several people, both online and in person, about what she and Ravi had seen.

      "Dharun wasn't telling you to instant message all these people?" Altman asked.

      "No," she said.

      Wei activated the webcam a second time that night, with some of her roommate's friends. The second instance happened after Ravi had left her room to take a shower."
      http://www.nj.com/news/index.ssf/2012/02/molly_wei_testifies_in_dharun.html

      Then there was the invitation for the 2nd time sent to more people inviting them all to watch.

    306. Re:Damn unfortunate by khallow · · Score: 1

      If immaturely means attempting to broadcast it to others

      As if that were the only way to be immature here.

      then yes, every other time it does seem to get handled maturely.

      "Seem" being the relevant word here. Just because you don't know of other cases doesn't mean that they don't exist. I get some interesting hits when I google for "college roommate sex youtube".

    307. Re:Damn unfortunate by Hatta · · Score: 1

      Yes, I am sure about that. If my land lord had been taping me and my GF every night for the past 5 years I don't see how throwing him in jail for a decade would improve anything for anyone.

      --
      Give me Classic Slashdot or give me death!
    308. Re:Damn unfortunate by Cederic · · Score: 1

      I think we disagree then on the moral position of recording the private actions of someone else in a shared personal space.

      If you're not in the room you share with me, I have full expectation of privacy. I understand completely that you may return at any point and end that expectation, but having a webcam running all the time - without notification - transgresses acceptable bounds to me.

      Note to all college students in shared rooms: Cover the webcam prior to doing anything :)

    309. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Tomorrow he will be forgotten and thus forgiven.

      Meanwhile, a young man is dead as a consequence of the insensitive idiocy of this guy.

      In my book, a couple of years in jail and deportation may deter other idiots from ruining the lives of others for shits and giggles.

      Harsh? Yes, but the consequeces for involuntarily outed gay people are also harsh.

    310. Re:Damn unfortunate by Idbar · · Score: 1

      I think your analogy is a bit off. Try a hit and run, and now replace de victim with a (put your minority here). And you see someone can make it look a hate crime, when it necessarily was. The moment you put the person in. the same condition (both inside the car), make it more easy to pass it as accident because both were affected.

    311. Re:Damn unfortunate by Mabhatter · · Score: 1

      "bias intimidation" proves INTENT.. And THAT is one of the key points in US law. For instance auto accidents that kill people are not "illegal"... You drive after drinking and you have just "intended" to disregard the safety of others.

      The protection from being spied on (except by the govt) is expremely HIGH in your own home. It is mostly because pervy adult men felt the need to spy on their daughters' friends and such.. of course we hang "sex offender" on you for that, but how is this really different?

      The roommate broke that trust making the recording. The comments about being gay and identifying the roommate push this from a "prank" to intent to cause the person HARM because you didn't like their lifestyle choice.

      The person hiding the camera, editing the video, and posting it online with the roomate's name INTENDED to do emotional harm... The law says the Intent causes the nexta action to be a felony also.

    312. Re:Damn unfortunate by Mabhatter · · Score: 1

      And if the roommate took video of the guy bringing a GIRL home instead? As side from still being illegal what would have been the point of that?

      But the kid felt the need to record boy-boy... And name names... If the roommate wasn't gay, then it would not have been an "interesting" prank. Right?

    313. Re:Damn unfortunate by Mabhatter · · Score: 1

      And what is Murder? Killing somebody with INTENT to do so. OR causing an UNSAFE condition that is identified in the law. Like drunk driving.

      Prior to these laws a common argument was that you know now the act was wrong, but at the time you were "overcome righteous indignation" momma told me being the gays is wrong an they're going to hell and I had to protect myself...that's the argument STILL brought up in most police cases like this...

      Hiding a camera, recording video (over multiple days), editing and posting is some SERIOUS intent. And the kid added gay comments on top of that... That adds EXTRA intent to harm THIS person and not just a childish gag.

      Take everything else away... The webcam just happend to take a picture of your roommate and his boyfriend. Taken in the pricacy of your dorm room, why would you post that online and not just delete it like an honorable roommate?

    314. Re:Damn unfortunate by Thing+1 · · Score: 1

      Yes, but he was, irrefutably, charged because of it. If Clementi hadn't taken his own life, the most likely outcome would have been nothing whatsoever.

      I was thinking similar thoughts, leading to: I wonder how many students spy on their roommates in this manner, uncaught?

      --
      I feel fantastic, and I'm still alive.
    315. Re:Damn unfortunate by Mabhatter · · Score: 1

      Motivation MAKES the crime. A small kid chases a ball in the street and you don't see and kill him, that is an accident. Hit the same kid over the legal limt of alochol it's now YOUR fault because you did not intend to drive safely in the first place.

      Shoot your buddy hunting in the woods, that's an accident. Draw a gun on your buddy drinking beers and that's assualt with a deadly weapon.

    316. Re:Damn unfortunate by Grishnakh · · Score: 1

      Oh bullshit. Sharing a room doesn't mean you can record your roommates having sex. By that logic, someone who rents a room in your house could set up a webcam in your bedroom or elsewhere in your house and record you; that's obviously illegal. Don't forget, in many states (and I believe the state this happened in is one of them), if you don't have both(/all) parties' permission to record something, it's illegal, as in criminally illegal.

      This has nothing to do with crimes involving plants, since those don't involve victims.

    317. Re:Damn unfortunate by stdarg · · Score: 1

      Nobody said motivation is irrelevant to criminal cases, just that the motive isn't what distinguishes between premeditated murder, regular old murder, manslaughter, etc.

      One problem I have with hate crime law is that motive can be really hard to determine so we rely on certain shortcuts that I feel are often misleading. For instance if a black guy is killed by a gang of Latinos, and they are calling him a nigger while killing him, is that suddenly a hate crime? What if the actual motive has nothing to do with the fact that he's black? We don't know, but we let the language they use be a shortcut to determining motive. To me, such superficial things are most likely wrong. In general when you're fighting with someone you tend to say things to hurt them, it doesn't mean you believe them or apply them to the rest of your life.

      Back when hate crime was established, it made sense. People would say things like "we need to kill all the blacks, let's go get one." That's spelling out motive. Easy. But today it's become a perversion of justice where we hunt for something to justify a "hate crime" charge. It should only be used when it's really obvious.

      If you look at this particular case, Ravi was convicted of this "bias intimidation" even though the jury SAID he probably didn't intend it. Does that make sense to you? From NY Times:

      The jury concluded that Mr. Ravi had not knowingly or purposely intimidated the men when he watched the first time, on Sept. 19, 2010.

      But it found him guilty of the charge because Mr. Clementi “reasonably believed” he had been made a target because he was gay.

      So.. he didn't know he was being intimidating, or he wasn't doing it on purpose.. but he's guilty anyway. Do you see how far we've come from the original intent of hate crime law?

    318. Re:Damn unfortunate by stdarg · · Score: 1

      Yes, that's what we disagree on. Since a webcam is legitimate personal property to have in the dorm room I think it's not any different from the person being there. Maybe it would be different if Clementi didn't know about webcams or if Ravi hid his webcam.. maybe they went over more detail about that in the trial, who knows, but I haven't heard anything that suggested it was hidden.

      Note to all college students in shared rooms: Cover the webcam prior to doing anything :)

      That's why I think Ravi had no intent of doing anything wrong. To many people who have webcams, which is most people with laptops these days, it's rather obvious that you wouldn't do something private (especially sexual in nature) in front of a webcam connected to a running computer with an internet connection. To such people the idea that Clementi was "spied on" is a ridiculous and overblown claim, just like how people these days get charged with using a "weapon of mass destruction" if they had a handgun. Or another example that I definitely remember, the Jena 6 case (http://en.wikipedia.org/wiki/Jena_Six#Mychal_Bell_proceedings):

      Because aggravated battery requires the use of a "dangerous weapon",[29] Walters argued that the tennis shoes that Bell had worn while allegedly kicking Barker were dangerous weapons.

      So.. legitimate placement of a functioning webcam in your own dorm room = spying really only makes sense in the same world that tennis shoes = dangerous weapons. I don't support either one, they're just dirty tricks and abuses of language by DAs to get convictions.

    319. Re:Damn unfortunate by Sipper · · Score: 1

      What Ravi did was punch in the nose wrong - not 10 years in prison and deportation.

      A jury of 12 people disagrees with your assessment.

      Well, it's slightly different: the jury came to an agreement that what Ravi did met the criteria for the charges he was given. The jury doesn't get to decide how long Ravi spends in jail based on matching those charges -- that's for the judge alone to decide AFAIK. So the bottom line is the jury gets asked "did Ravi's behavior meet the following criteria", they say "yes", the judge then says "based on that I decree you get X years."

    320. Re:Damn unfortunate by AmiMoJo · · Score: 1

      He caused the victim's death in a pretty horrible and lonely way, and he did it by displaying apparent hatred for gay people. Either on its own is a pretty serious crime.

      Ten years might be a bit much, but it isn't far off. The fact that he has failed to show much remorse or admit to his crime and accept the plea bargain doesn't help.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    321. Re:Damn unfortunate by randyleepublic · · Score: 1

      But, it was not "his home". It was "their home" and yet Tyler didn't seem to have a problem with "doing it" in an open dorm room. No, putting a webcam up is not the right thing to do, but Ravi (and a few friends) walking in on the tryst would not be something that would have or should have been all that unexpected. What's the difference, when you get right down to it?

      --
      Social Credit would solve everything...
    322. Re:Damn unfortunate by randyleepublic · · Score: 1

      I note your phrase, "every right to privacy". I see this same sentiment repeatedly expressed. However what nearly everyone seems to forget is that this was not Tyler's private bedroom. It was a "shared" dorm room. Is there a dorm council "Sexual Activity Policy" that specifies how roommates are supposed to provide "private time" for each other's assignations? I bet not. What "right" did Tyler have to engage in sexual activity in the shared dorm space? Ravi had a shitty lawyer I fear.

      --
      Social Credit would solve everything...
    323. Re:Damn unfortunate by Xacid · · Score: 1

      So his crime was so bad he was offered freedom. Oh wait, then it somehow got worse after the fact and is now worth 10 years and deportation. Bah. I don't understand how there's any justice in that.

    324. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      This monster should have never been allowed into the United States in the first place. Some justice is being done, hopefully he will be deported forever someday.

    325. Re:Damn unfortunate by Cazekiel · · Score: 1

      He videotaped it, talked about it, then SET UP THE CAM AGAIN for everyone to watch. You seemed to have forgotten that fact. This not only had vicious intent to shame, degrade and bully, but hey, it's not good/funny/awesomesauce enough when it doesn't have an audience. Ravi gathered up an *audience* for a second round, with live chat and lots of "SO GROSS LMAO"-esque commentary.

      In short, I'm technically straight (with some gender-queer qualities), and if someone secretly videoed me and my husband of ten years and broadcast it, everyone laughing at my c-section-induced flab, I'd never be the same. I'd probably *consider* suicide myself.

      --
      You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
    326. Re:Damn unfortunate by AthanasiusKircher · · Score: 1

      I'm not sure what there is in your reply that makes what I said "incorrect." Wei admits to telling other people, and she admits to spying further after Ravi left, along with some of her friends. I'm not sure this action by Wei can be blamed fully on Ravi, since he wasn't there. And I did mention the tweeted invitation to a subsequent viewing that never happened -- and if it didn't happen, there was no further invasion of privacy. (Again, I think Ravi was a jerk -- but let's just get the facts straight about what he actually did...)

    327. Re:Damn unfortunate by Cazekiel · · Score: 1

      I'd tried commenting, but it didn't come out--apologies in advance if I double-comment.

      Basically, you seem to have forgotten one very important fact: Ravi had videotaped it, talked about it on twitter than gathered an audience for a *second, public-forum'ed round* in live-video-feeding Tyler's next 'romantic interaction'. He gathered. An. Audience, every member of it discussing it real-time with "OMG SO GROSS LOL"-esque commentary. If someone secretly videoed me and my husband of ten years having sex, all to make fun of m c-section-created flab, I'd die inside. That's figuratively; I'd even be tempted to make it literal.

      --
      You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
    328. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      he did it by displaying apparent hatred for gay people. Either on its own is a pretty serious crime.

      Expressing an emotion is a "pretty serious crime" now?

    329. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      You aren't afraid to go out with your friends at night because of that one guy who got beat up in a nightclub brawl.

      Why not?

    330. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      You are *definitely* a product of the US public education system. Don't state things as "facts" when they are only your OPINION. I think you are a weak minided simpleton!

      You do NOT know that Ravi wanted to intimidate anyone. Are YOU RAVI? Don't characterize someone else's behavior because it is/you think it is wrong/despicable. There is no such thing as a "hate crime". I am black. Even if I was lynched by the KKK I wouldn't expect them to be punished "extra" because of their motivation. Nobody should get extra time for killing a police officer. (They ARE people just like you and I.) If I am lynched punish them for the KILLING, not because you presume to "read his mind" and "know his motivations".

    331. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      No, one is directed at unintelligent people, the other is directed at black people.

    332. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Seriously?!? Ravi brought this on himself! PERIOD!!!!!

    333. Re:Damn unfortunate by slimjim8094 · · Score: 1

      Well, had Clementi been thinking straight (no pun intended), he would've gone to the university administration and his lawyer, and disciplinary action (at least) would presumably have been taken. And nobody would've heard about it.

      There is actually legal standing to bring manslaughter charges against Ravi, which is why I thought it was a pretty reasonable move by the prosecutor to not do so. It's called the "eggshell skull rule" - the legal analogy is that if you throw a baseball at somebody's head, not reasonably expecting that such a thing would kill them, but they have an "eggshell skull", you're still liable for their death. Even though you didn't mean to do it, and you had no expectation that it would, you still "take your victim as you find him". This argument easily allows for the prosecution of Ravi - even though Ravi didn't anticipate that his actions would cause Clementi to kill himself, it doesn't matter since they did.

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    334. Re:Damn unfortunate by Baron+von+Daren · · Score: 1

      I think you misspelled action as outcome in that last reply.

      http://oxforddictionaries.com/definition/process

      http://oxforddictionaries.com/definition/action

      http://thesaurus.com/browse/process

      Denotatively a process and an action are largely the same. They have different connotations: for example ‘process’ specifically carries the connotation of a series of actions. In reality though, there are very few actions that are not themselves processes (i.e. that cannot be broken up into sub actions at some level).

    335. Re:Damn unfortunate by khallow · · Score: 1
      The first definition applies particularly well:

      a series of actions or steps taken in order to achieve a particular end

      So right away, a process isn't an action, but a series of actions or steps. That gives it structure beyond just being a collection of unrelated actions. Second, this series of actions or steps is meant to achieve certain ends. In other words, there is an purpose, explicit or implied, to the series of actions or steps.

      Finally, this end which I call "outcome" is some combination of action and state so can't merely be called an "action" both because it is not just an action and because you lose the connotation of the label, "outcome", that it is the result of a process.

    336. Re:Damn unfortunate by Myopic · · Score: 1

      He hasn't been sentenced yet so it's premature to say that ten years is too long. Plus remember that state-level criminals usually get 50% time off for good behavior.

      How much punishment do you think is appropriate, based on what you know?

    337. Re:Damn unfortunate by Myopic · · Score: 1

      What you might not realize about the "bias intemidation" law, and in fact all laws, is that despite them having a name, there is vastly more to the law than just the name. No, really, stay with me here. So, there is a law called "bias intimidation", but after that heading, there are hundreds or thousands or words describing exactly what it means. Yes, crazy as that sounds, we don't have to guess whether insulting someone falls under the law -- we can go read it, and find out! So, hey, next time you'll know.

    338. Re:Damn unfortunate by Myopic · · Score: 1

      "His parents, will have to live with the knowledge they raised a criminal, miscreant and despicable human being."

      Maybe. Or maybe they are proud that he outed the homosexual, because they specifically taught him to hate homosexuals. Sometimes people pick up hatred from outside the home, but usually they get it from their parents. In this case, I don't know.

    339. Re:Damn unfortunate by Myopic · · Score: 1

      "If a random guy walking down the street is beat up for his shoes, or because he was on someone else's "turf," that strikes just as much fear in the community."

      No it doesn't. Not even close. Do you seriously believe that? Crimes happen in my city, but I don't worry about them much. But if there were a rash of assaults against a group of people which included me, I would be terrified.

      I mean, okay, let me just be super clear by using what to me is an obvious example: do you think a black man in the Jim-Crow south should be equally worried by a lynching two towns over, versus let's say a couple drunks beating eachother up two towns over? Is that what you mean when you say these crimes affect the community equally?

    340. Re:Damn unfortunate by Myopic · · Score: 1

      Yes, his room was private. Is that the question? He was in his bedroom with a lover, and nobody else was in the room. That's a private room. There is no reasonable expectation of a recording device or, say, a peephole or anything. Whether or not a roommate sleeps in the room at other times isn't relevant, because that roommate isn't in the room at the time.

    341. Re:Damn unfortunate by ryanov · · Score: 1

      You don't get a single one that includes someone actually filming their roommate. Not that that's what happened here, but...

    342. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      And the actions of his mother did not?

      Short answer nope, giving birth is not a crime.

      And the actions of all the other people whom we don't even know but who certainly exist, in a world populated with homophobes to a certain degree? Yet none of these are being prosecuted. Why?

      A homosexual who do not practice it, nobody will know. A homophobe doing nothing, saying nothing is innocent. The problem is once he starts rearing his horns, he jolly well pray the victim does not commit suicide.

    343. Re:Damn unfortunate by Shadowmist · · Score: 1

      some vague charge of "bias intimidation."

      Vague? That is only a statement which could be uttered by someone who didn't see the evidence presented and/or who wants to preserve his ability to intimidate those who lead a different lifestyle.

      The charges were quite specific as was the evidence for convictions. These actions would not have conceivably happened if the victim had been heterosexual as revealed by the defendant's text messages.

      If the victim had been heterosexual he woud not have been a victim, Ravi wouldn't have gone for him. The definition of convicting him as guilty of hate crimes is the fact that Ravi TARGETED this man for for exposure and humiliation BECAUSE of his sexual orientation. Outing someone against their will is a horrible nasty thing to do to a person, and it was an act that led to his victim's death. But why should I be surprised. A couple of generations ago whenever a woman was raped... it was always "obviously" "her" fault. And there are still those who hold that view today.

    344. Re:Damn unfortunate by wickerprints · · Score: 1

      You're absolutely right. Tyler Clementi did kill himself, and he ultimately bears sole responsibility for that. So yes, you are 100% correct!

      But you seem to have missed the point, which is that whatever Clementi's problems might have been, it doesn't mean that Dharun Ravi was not CRIMINALLY LIABLE for what he was charged with, which included (1) invasion of privacy, (2) tampering with evidence, and (3) bias intimidation. And he IS responsible for his actions, just as much as Clementi was for his decision to kill himself. At no point do I make the claim that Ravi made Clementi commit suicide. But the point of the trial was never about that. It was about whether Ravi intruded on another person's reasonable expectation of privacy (Clementi requested that privacy, asking for the personal use of the room, and Ravi granted it on at least two occasions). It was about whether Ravi did what he did because he intended to humiliate Clementi (and not whether Clementi regarded such acts as intimidation). And it was about whether Ravi then tried to cover up what he had said and done once he realized he was in trouble. For that, he is absolutely guilty. To disagree is to reveal your hypocrisy, because as you can see, I agree that Clementi is the only one who is responsible for his own actions--just like Ravi is for his.

    345. Re:Damn unfortunate by Baron+von+Daren · · Score: 1

      Take nearly any action that is not confined the quantum realm (and many of those) and I can demonstration how it is actually a process comprised of sub-actions or sub-processes.

      We have reached the point where I conclude you are either a troll or obtuse; I apologize if it is the latter. This tangent has dragged out long enough; I have demonstrated that the terms 'action' and 'process' are indeed synonyms via a direct appeal to an outside authority. I am moving on; you should too.

    346. Re:Damn unfortunate by khallow · · Score: 1

      Take nearly any action that is not confined the quantum realm (and many of those) and I can demonstration how it is actually a process comprised of sub-actions or sub-processes.

      You had to use a qualifier there "not confined to the quantum realm". The qualifier always applies since the quantum realm is part of reality as it is of everything we do.

      And one doesn't have to abstract models of action very much to get to atomic actions.

      Take nearly any action that is not confined the quantum realm (and many of those) and I can demonstration how it is actually a process comprised of sub-actions or sub-processes.

      You still would have the problem that even if you are correct, you still mistaken ends with means.

      We have reached the point where I conclude you are either a troll or obtuse

      I am a mathematician which is a profession subcategory of "obtuse". When you attempt to make such subtle semantic points, you cannot be sloppy with the definitions.

      I have demonstrated that the terms 'action' and 'process' are indeed synonyms via a direct appeal to an outside authority.

      No you haven't as I explained. Again, the problem is that you conflate process with outcome of the process. They are different. The latter need not even be an action.

    347. Re:Damn unfortunate by rastoboy29 · · Score: 1

      There are just a couple problems with your argument:

      1. Affirmative action is nothing like slavery

      2. It ignores the  historical reality of slavery, and it's effect on the black population.

      3. A racist policy is one that seeks to keep a people in subservience, such as apartheid, or for that matter slavery.  Affirmative action seeks to raise people up who have been marginalized by society.

      Sorry, the world is not easily parseable in black and white terms like you want it to be (as it were).  In other words, your analogy sucks.

    348. Re:Damn unfortunate by sfhock · · Score: 1

      "2) A man at a bar repeatedly punches another man because he is wearing a skirt." That was a KILT, you insensitive clod!!

      --
      "Let's go find some Turian and beat the shit out of him ... That always cheers you up!!"
    349. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      Now lets say that, in your example, I am the person the husband committed adultery with. I know full well the husband is married, but don't care. And while that might make me an ass, that doesn't mean the wife has a right to invade my privacy.

      Your privacy? You were in her bedroom. What makes you think you have privacy just because she's gone?!

      Hell, even if there wasn't a camera, your ID could fall out of your wallet while you're in there doing the hokey pokey. Or a business card. Or a shade of lipstick that his wife never wears. Or that hideous scarf you wear that his wife wouldn't be caught dead in - and now that you've forgotten it, you won't be either (caught dead in it). Or any of a dozen other things that would give you away.

      Granted, knowing you've been there is slightly different than watching you, but you can't expect to have privacy unless you're their with their knowledge and consent. For instance, if you needed to change clothes and did so in my bedroom, you would have an expectation that I not barge in and see you half-naked - if I knew you were in there doing that. If I didn't know that you're in there, or that you're changing, it would be unreasonable of you to expect me to not come in before you'd finished.

      You have very little privacy from someone when you're in their bedroom. Now, if we were talking about their bathroom, yes, you would expect to have privacy there, but even that doesn't preclude them even knowing you'd been there.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    350. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Oh, is that the way you want to play?

      Fine. Since Clementi willingly made the decision to kill himself, you can only put Ravi in prison for ever and ever, but only if he willingly decides to go.

    351. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      It could have been worse, he could have got the same punishment the other guy got...

      Oh, you mean having his reputation utterly destroyed? He did. But he didn't kill himself...

      You fucking idiot.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    352. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      "That's what he said."

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    353. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      I'd bet he has nothing against them. Unlike drag queens, Scottish men traditionally wore skirts because they're easier to fight in than other, more-restrictive clothing. And you probably don't need to be told what sort of other traditions exist about the Scottish and fighting. They're only slightly less notorious than the Irish.

      Hell, they did the same thing with their jackets...

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    354. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      There is no such thing as a crime "so egregious" as to push someone over the edge.

      We even have an ancient analogy for this. It's exactly like punishing the straw that was "so heavy" as to break the camel's back.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    355. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      If this would have been fine if there were a female and Clementi, then obviously there's a problem.

      Interesting that you should mention that.

      You see, I'm reasonably confident that Ravi would have spied on his roommate even if the guy was banging hot chicks rather than gay men. In fact, I'd be willing to bet that, given the opportunity, he would have watched that video feed for more than just a few seconds.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    356. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Intent has nothing to do with it.

      Intent asks only, "did he intend to do this?" It has nothing to do with why he intended to do it, only that he did intend to.

    357. Re:Damn unfortunate by yurtinus · · Score: 1

      I could be way off base here so do correct me where I'm wrong, but I had the impression murder suspects weren't often offered slap on the wrist plea deals and typically served heavier sentences?

      --
      +1 Disagree
    358. Re:Damn unfortunate by lgw · · Score: 1

      Yes, I'm sure you have a sack full of reasons to punish those with unacceptable beliefs. The totalitarians always do. Never a shortage of ratinales for burning the heretics - it's for their own good, you know.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    359. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      A man at a bar repeatedly punches another man because he is wearing a skirt. This happens quite often in Scotland.

      Except for the "repeatedly" part.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    360. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      Can I make your wife kill herself, and then you'll punch me in the nose and we'll be square?

      You could try, I'd punch you in the nose, and my wife wouldn't kill herself. See how that works?

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    361. Re:Damn unfortunate by ClioCJS · · Score: 1

      Yes, I do. Dwight Schruite logic.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    362. Re:Damn unfortunate by stdarg · · Score: 1

      You're right, except for a few points.

      1. This wouldn't have gone to trial if Clementi hadn't killed himself. If you think otherwise you're only fooling yourself.
      2. From an NY Times article:

      The jury concluded that Mr. Ravi had not knowingly or purposely intimidated the men when he watched the first time, on Sept. 19, 2010.

      But it found him guilty of the charge because Mr. Clementi “reasonably believed” he had been made a target because he was gay.

      That's a second way in which it was Clementi, not Ravi, who defined the "crime".

      Did Ravi "tamper" with evidence and witnesses? Yeah, according to the book. Just like Al Capone was guilty of tax evasion. Does that mean we nailed Al Capone for tax evasion? No, some huge percent of the population engages in tax evasion every year. It was because of Al Capone's other activities. In Ravi's case, it was because of Clementi's death, which they couldn't prosecute, so instead they threw the book at Ravi for every little thing they could find, regardless of the real importance of it. No mistake about it, this case was about "justice" for Clementi's death. It's nothing more than a witch hunt, and Ravi was the closest witch on hand who had made a few prosecutable mistakes.

    363. Re:Damn unfortunate by stdarg · · Score: 1

      There are just a couple problems with your argument:

      1. Affirmative action is nothing like slavery

      The analogy was about using ends to justify the means of an unequal and openly racist, discriminatory system. I'm not saying affirmative action is as bad as slavery, and that doesn't matter -- lots of things aren't as bad as slavery, but they're still bad.

      2. It ignores the historical reality of slavery, and it's effect on the black population.

      No it doesn't, that's part of it, just like the present day reality of affirmative action and its effect on non-black populations.

      3. A racist policy is one that seeks to keep a people in subservience, such as apartheid, or for that matter slavery. Affirmative action seeks to raise people up who have been marginalized by society.

      By that definition a government scholarship available only to white people is not racist, as long as they're marginalized in some way (say, from rural areas). So if they said "WHITES ONLY: If you grew up on a farm, you get this scholarship" then that's fine with you?

      Most people understand that uplifting one group at the expense of another is still not fair and it's racism if it's based on race.

    364. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      The logic was that you can't "cause" someone to commit suicide. They have to decide to do it. That is why you can't cause my wife to commit suicide.

      That, and I don't have a wife.

      The other logic was that, if you get punched in the face before someone's reached the point of suicide, you're less likely to continue harassing them. Which is why I flipped the analogy so that you get punched before my wife would even consider suicide, and why she never does.

      The analogy works just as well if the punch in the face comes in the form of a restraining order, by the way.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    365. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      Sharing a room doesn't mean you can record your roommates having sex.

      No, it doesn't. But sharing a room doesn't mean you can kick your roommate out to have sex whenever you want to, either. Unless you have an unwritten sort of agreement that you'll both do this for each other now and then. But you don't have to if you don't want to. You could be a dick and say "no, I have a headache. I'm staying in my room tonight. Go screw off elsewhere."

      By that logic, someone who rents a room in your house could set up a webcam in your bedroom or elsewhere in your house and record you

      By that logic, they could set up their laptop in the room they were staying in. And their laptop might have a webcam. And if they are staying in your bedroom, you have problems.

      And I might even suggest the obvious: cover the webcam with a piece of tape, ya moron. Some people live in paranoia of their own webcam being used to spy on them; this guy wasn't even apparently concerned that someone else's webcam was in his bedroom when he was having sex? WTF is wrong with him?

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    366. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      First of all, AFAIK the guy wasn't in the closet.

      Secondly, if someone was in the closet, bringing other men to a dorm room - one that isn't even private, I might add! - is going to make it very hard for you to stay in the closet.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    367. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      THERE not THEIR, damn it.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    368. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      "Dragged", not "drug".

      drug[3] : dialect past of DRAG

    369. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      He videotaped it, talked about it, then SET UP THE CAM AGAIN for everyone to watch. You seemed to have forgotten that fact.

      Except - that didn't work because at that point the roommate was wise to the plan and shut down the lappy before doing any down and dirty. Crisis averted.

      Which, I might add, should be a little bit fucking obvious even if you're not gay or you don't know that your roommate is a fucking creep. If you know that someone else's camera is in your bedroom, you're a fucking idiot if you're in there fucking without being absolutely certain the fucking camera isn't watching you two fucking. Fuck!

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    370. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      I never had anyone trying to surreptitiously tape one of my intimate moments.

      I'm reasonably certain you've had to deal with a few people who didn't only because they never had a good opportunity to do so without being caught. There are a lot of horny people in the world and some of them will do just about whatever they can get away with. And if you have really had the good fortune of having not, you have now.

      In fact, I'd even give a small chance that they did try something of the nature and you just never knew about it. And I don't know if by "intimate moments" you mean sex - it's certainly not limited to such activity. Whether you were fucking, or changing, or showering, or using the toilet, or they molested you while you were passed out from too much drinking, or - hell - while you were drugged on the dentist's chair, is somewhat irrelevant.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    371. Re:Damn unfortunate by Cazekiel · · Score: 1

      Hold on, wait... when almost every laptop comes with a webcam, or are bought separately (which was what Ravi used; it wasn't a 'lappy', left open and looking obvious, but a separate, unobtrusive and damned near invisible webcam--maybe you should get the details before spouting off) we're all supposed to assume that our roomie, whether in a dorm or in a shared bedroom in an apartment is videoing us? Regardless of the fact that Tyler may or may not have caught him, Ravi was *trying his hand at it AGAIN*. Ravi wasn't the one having second thoughts about it and shutting it down--he needed to be caught. Maybe he would've set up a website in Tyler's 'honor', who knows? If he was diving in for a second round, who. the hell. knows?

      WHY should it be second nature that someone who's living with you is betraying you and your trust? What's so wrong with your worldview that it's somehow Tyler's fault that Ravi was an asshole? That's like saying that it isn't a drunk driver's fault if he kills someone on the same road as the bar he was just at, because the "supposed victim" shouldn't have been driving on a street with a bar on it--that he put his life in danger in his assuming that the bar patrons were abiding the law and not getting behind the wheel of a fucking car whilst wasted. Or hey, if someone living in the projects, minding their own business gets shot in a drive-by on the way home from grabbing a soda at the corner store by people they don't even know them. But it's the PROJECTS, they're supposed to be cowering in fear behind the triple-locked doors to their homes. Wait, wait, someone might bust that door open and steal from/kill/rape them, but hey, they LIVE in the projects. They should've gotten better locks, right? Maybe if they weren't underprivileged and poor, they'd be able to get a McMansion in a gated community... for real, are you one of those people that would side with a guy who tried robbing a home but tripped on a kids' toy, became crippled and sued the family? "Yea, they shouldn't have left those toys out. A criminal could get hurt on his way to the silverware drawer."

      For fuck's sake. Want me to go on? Cos' I could.

      --
      You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
    372. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      which was what Ravi used; it wasn't a 'lappy', left open and looking obvious, but a separate, unobtrusive and damned near invisible webcam--maybe you should get the details before spouting off

      Well, shit, I'm sorry, I didn't read ALL FOURTEEN PAGES of the article. In fact, I didn't even notice that there was more to the article than the first page. Well, perhaps someone who:

      seemed worried or defensive about computing. Ravi mocked his roommate for "asking if he should boot linux everytime he surfs internet."

      should have been a little more aware of the fact that tech-savvie roomie has a webcam? Oh look, HE IS:

      Clementi noticed that the webcam on top of Ravi's monitor was "pointed right at me." He said to Yang, "I feel like he's watching me watching him."

      So tell me - did you get the details before spouting off? Because my half-cocked reply was closer to the truth than yours was. It wasn't an inconspicuous, "damned near invisible" webcam. Tyler knew of it, and even felt paranoid about it watching him. I mean, really?!!

      at one point Clementi noticed its webcam suddenly glowing green. When he moved toward Ravi's desk, intending to turn the camera away, the light went out

      IT HAD A LITTLE FUCKING LIGHT ON IT. Inconspicuous, my ass.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    373. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      Also note that the comment about "he's watching me watching him" was made after Ravi moved in and set up the computer - long before any actual spying took place.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    374. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Cut the crap. People were calling Bush a chimp because he's a Southern Republican. Southern, by the way, is an ethnic group.

      What you just did is just as bad as it would be if I, believing Obama to be ignorant because he's black, claimed that "people were calling Obama a chimp because of his lack of intellect."

      Or do you think that Obama is just as intelligent or less than Bush?

      The current official believes some really stupid things, has been known to blunder about like an elephant when you take away his teleprompter, and says dumb shit like "I'm surprised at how finely calibrated every single word was measured". The previous couldn't pronounce "terrorist" or "nuclear" correctly at full-speed.

      I'd say that puts them about even on the scale of "dumber 'n shit". Uh, wait, shit is brown, so that sounds racial. Make that, "dumber 'n a sack o' rocks". I prescribe them both a dictionary and a set of weapons of math instruction with which they can better measure how finely their words are calibrated.

      However, that is completely irrelevant to their actual job, which is leadership. William Wallace didn't have to speak the King's English to be a good leader - if you'll pardon me mixing my metaphors so thoroughly.

    375. Re:Damn unfortunate by ryanov · · Score: 1

      We will have to disagree. I'm reasonably certain he would not have. The fact that he was gay is clearly what made it a big deal to Ravi.

    376. Re:Damn unfortunate by Cazekiel · · Score: 1

      Maybe I didn't get all the details, you're right. I'd assumed because of the size of the device (I'd seen pics of one of the investigators in court holding it up) that it'd been more inconspicuous than it was. I was wrong about those details, and I'll concede to that.

      But never in my life will I blame the victim in these cases, because that's what Clementi was. Stick with your opinions and thoughts on the issue, I'm trying not to care about them anymore. Fact is, there was a total and complete violation of privacy, all done by Ravi. Whether or not Tyler was paranoid doesn't change a damned thing. He certainly didn't KNOW, because he wouldn't have done anything in front of a camera that he knew was on, so who the hell cares if he was paranoid or not? He trusted Ravi to abide by the law. Ravi didn't, so he was charged with the laws he broke. If those laws amount to 10 years and/or deportation--which yea, I've said in other threads, sounds a bit harsh even to me--oh well, those are the laws he broke and their punishments. If a law stated that an invasion of privacy required fifty years in prison and Ravi did it, was charged and sentenced, then he gets fifty years. You can say that the ten years Ravi got is unfair 'til you're blue in the face, it doesn't change the fact that the laws exists, and if you break them, you pay for it. Ignorance to that law doesn't excuse you from the consequences. For fuck's sake, ask a kindergartner whether doing that is 'right or wrong', don't even mention courts, police and jails, they'll answer 'wrong'. Respecting someone's privacy is almost instinctual; screw lawbooks. If an 18-year old can't get that through their head, then they're cruel and untrustworthy. Something is inherently wrong in the way they behave towards others.

      I've pretty much said my piece, which is basically summed up as "I refuse to treat a proven victim of crime as the perpetrator." You will, and I can't reason with that. I can't relate to your thought patterns on this issue, and you can't relate to mine; that fact scares me, not because I'm afraid of you, but the collective mindset that will blame someone like Tyler for what happened to him. I do, however, find some solace in the fact that more and more people--especially the younger generation--are working against it.

      So think what you will. No more analogies or arguments, I'm done.

      --
      You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
    377. Re:Damn unfortunate by V.+P.+Winterbuttocks · · Score: 1

      Maybe it would be different if Clementi didn't know about webcams or if Ravi hid his webcam.. maybe they went over more detail about that in the trial, who knows, but I haven't heard anything that suggested it was hidden. ... To many people who have webcams, which is most people with laptops these days, it's rather obvious that you wouldn't do something private (especially sexual in nature) in front of a webcam connected to a running computer with an internet connection

      It wasn't hidden, he knew about the webcam, and he was a complete fucking idiot to not cover it up when he invited men over for trysts: after Ravi moved in and set up, Tyler noticed that,

      Clementi set his desk at the foot of his bed, so that he faced the window. Ravi, to his right, pushed his desk against the side wall, so that his back was to Clementi and his computer screen faced the room. Clementi noticed that the webcam on top of Ravi's monitor was "pointed right at me." He said to Yang, "I feel like he's watching me watching him."

      Note that this was long before any actual watching occurred. The dude was an idiot.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    378. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      You know what? That's entirely reasonable.

      Ten years is NOT reasonable.

      But then, he faces up to ten years, and the actual sentencing phase of his trial has not yet begun. So... we shall see whether or not his punishment is reasonable.

      - V. P. Winterbuttocks

      P.S. I still say that Ravi is a dick and, being one myself, I seriously doubt that he would not have attempted to take advantage had his roommate been straight and been banging attractive women in "my" dormroom.

    379. Re:Damn unfortunate by epyT-R · · Score: 1

      I'm not talking about rights. I'm talking about sensibility.. IE it is likely clementi knew he had a dumbass roommate who pulled shit like this (he should've, as people like this have obvious track records/attitudes). based on this, he should've carefully considered his next move before doing something risking his oh-so-precious chosen-to-be private life. these are pragmatic dynamics that aren't going to change at college campus environments and apply no matter what genders are involved or the genetics of which holes the penises go into. basically, stupid stuff like "make sure the door is closed and locked/wedged shut" and "the webcams aren't pointed at the bed" should be obvious to just about anyone, tech savvy or not if they value privacy.

      the last part of your statement is speculative ad-hominem. this is typical of people who buy into the auto-victimology. IE if you don't agree with me, you must be a $whatever hater/phobic. This is just as misrepresentative of the truth as what is said by those who truly ARE irrational haters (as opposed to people who have legitimate grievances) of said group. it is likely ravi would've filmed him regardless.. these types are a dime a dozen these days. they are opportunists looking for social payoff for notoriety. clementi gave him a big one because he didn't think ahead, and then he killed himself because he didn't plan his indulgence around the reality of his situation (or altered it) before going ahead with it. stupid.

    380. Re:Damn unfortunate by ryanov · · Score: 1

      This has nothing to do with his death, which possibly would have happened either way.

      I don't think I would have checked for webcams in college, not that they were popular (though my Indy had one). While his roommate and he might not have gotten along that well, I don't know if he should have known he'd be spied on. Besides which, HE IS NOT ON TRIAL. Auto-victimology? You are BLAMING the victim. Straight-up idiotic.

      Ad-hominem? It is very likely that this guy would not have spied on his roommate if the rendez-vous was with a girl. Ravi made it very clear that this was such an event to him because this was two men. Read the things he said.

    381. Re:Damn unfortunate by wickerprints · · Score: 1

      Ravi was caught and prosecute because Clementi killed himself, yes. But that doesn't make him a scapegoat. He is still guilty of the crime. It isn't about Clementi defining the crime. You just want to believe that that's the case, because of your homophobia.

      Oh, and one last thing. He's going to jail or at the very least, be deported to India. You can bitch all you want, but you are just one puny, insignificant, hypocritical bigot who isn't going to change the outcome of this trial no matter how much you want to characterize it as a witch hunt. The jury's decision is vindication and you can go fuck yourself. The only thing that could be better is if someone killed you instead of Tyler killing himself.

    382. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      I am there with the husband's consent, shouldn't that be enough for me to expect to not be observed by some third-party?

    383. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      I've pretty much said my piece, which is basically summed up as "I refuse to treat a proven victim of crime as the perpetrator." You will

      Say what? I'm not treating him like the perpetrator. I'm simply saying the dude was a moron for making out in front of a camera (which belonged to someone he had no good reason to trust, and in fact good reason to distrust) without at least tossing a T-shirt over it. He can be a victim and still be a moron.

      He trusted Ravi to abide by the law.

      Yes, he did. And all I'm saying is, that's stupid. Don't do that. It's pollyanna-ish. It will turn you into a victim. Cut it out.

      No, nobody else has the right to take advantage of your stupid actions. But you're an idiot if you continue acting stupid and trusting that everyone around you will have the decency to ignore your stupidity. (Fun fact: the origin of the word "nice" meant foolish, silly, simple, ignorant, not knowing. So being "nice", by very definition, means that you'll sometimes need to pretend not to notice, or take advantage of, the stupidity of those around you.)

      For a very practical example which avoids the sexually-loaded subject, the other day I was at a restaurant with a group. We had separate checks. When the waitress went around collecting them, she got all but two of our receipts, and left to process them. Myself and the person next to me were skipped. She clearly had forgotten us; she didn't come back to collect our payment. I wanted to pay with my credit card, but I also wanted to leave in a timely fashion. The person next to me gestured shush and said "I guess ours were free". Now, what would you have done? I really didn't want to call her back over; that more than likely would have just confused her and screwed up the rest of the orders. I could also tell she was not having a particularly great day and I really didn't want to make it that much worse. Fortunately I had the necessary denominations to round up the amount to the next dollar and slip a few bills under my plate. Yeah, I slighted her on the tip. I thought it fair enough for the inconvenience of not being able to use my plastic. And you know what? The person sitting next to me did the same, only because I did.

      I could have taken advantage of the waitress's stupid mistake. A lot of people would. And you know what? She had it coming: by which I mean that if she does it again a few more times, she will likely run into a customer who will take advantage of it. In fact, if it hadn't been for me, that customer would have been the one sitting right next to me. You know damn well that if she consistently did that sort of thing then sooner or later she would be a victim.

      Another example: the other day I was at the grocery store and spotted a credit card lying on the floor. I could have gone back through the line with it and bought myself a candy bar. It would have been wrong, and I didn't. I could have also run out into the parking lot and yelled the name on the card hoping they were within earshot. I didn't do that either. I handed it to the nearest register teller with the explanation that "somebody dropped it". What would you have done? Probably the right thing, but you're a damn idiot if you intentionally leave your credit card lying where other people can take advantage of it.

      One last example. When I'm driving, I'm looking out for other drivers. I fully expect that somebody is going to break the law and drive dangerously. And if I don't anticipate it, I'm likely to find myself a victim of their stupidity. I drive so as to detect those drivers and stay clear of them when they decide to do something stupid, so that I don't find myself becoming a victim of their stupid actions. It comes down to simply exercising common sense.

    384. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      No. The husband is not capable of giving you something that he doesn't have; he doesn't have complete control over the house and can't give you any assurance that you won't be caught by his wife. Would you also consider her a lying spying bitch if she told her husband she'd be gone until midnight and then came back and quietly let herself in at quarter to nine when your were getting your party on?

      She is not a "third-party". She is a joint occupant of the house, and as such her husband has no right to make lone decisions to let people use it for activities which she's unaware of and which she'd disapprove of.

    385. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      I don't think I would have checked for webcams in college

      That's you. Clementi, on the other hand, had not only noticed that Ravi had a webcam but that his computer was set up so that the webcam had a great view of the room, and claimed he felt like he was being watched even before he actually was.

      You are BLAMING the victim.

      I am saying that common sense would have prevented him from becoming a victim.

      It is very likely that this guy would not have spied on his roommate if the rendez-vous was with a girl. Ravi made it very clear that this was such an event to him because this was two men. Read the things he said.

      I did read what he said. There was nothing remotely homophobic or anti-gay. He was a flat-out dick, and his roommate's queerness happened to be a convenient thing to harass him over. But it had little to do with his overall opinion that Clementi was a loser. And he probably would have entertained the idea of spying on his loser roommate's sex life even if Clementi had been straight. I see no reason to doubt it.

    386. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      can't give you any assurance that you won't be caught by his wife

      Except we're not talking about simply being "caught", we're talking about being observed, possibly even recorded for later watching.

       

      She is not a "third-party". She is a joint occupant of the house, and as such her husband has no right to make lone decisions to let people use it for activities which she's unaware of and which she'd disapprove of.

      And yet she has the right to put up video cameras without her husband's consent?

      I certainly don't deny that I'm an ass for playing the part of the slut with whom the husband is having an affair. But as far as I am aware, that is no reason to say that the wife's recording my fucking of her husband in their bedroom is not a punishable offense.

    387. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Except we're not talking about simply being "caught", we're talking about being observed, possibly even recorded for later watching.

      Nice try, but I already addressed that. You have no right to be free from unwanted or undetected observation when you are in someone else's house. A hidden camera is no different than a spouse hiding in the closet. The spouse has every right to observe what happens in their bedroom.

      And you have no right to privacy in someone else's bedroom unless (a) they know you're there and (b) they know you're doing something that requires privacy and (c) they've consented to your being there and doing that. Otherwise, you have absolutely no right to complain if you're walked in on, or detected by setting up surveillance in the room, whether that's a spouse physically hiding in the closet or a hidden camera they've set up.

      And yet she has the right to put up video cameras without her husband's consent?

      That's actually a fair enough point, although the difference between this and simply hiding in the closet is only the fact that a recording was made. Which can be pretty significant from a legal standpoint, but if you were gathering evidence against a cheating spouse, I believe it would be within your legal right. Realize that adultery is illegal in many states, not necessarily because it is ever prosecuted, but because it's more easily justifiable to collect evidence if you're investigating an actual offense than simply spying on two people having sex.

      But in this case, the camera wasn't hidden and its presence was known to both occupants, though the occupant who expected privacy didn't realize that the camera could be triggered remotely. Hell, if Ravi enabled Remote Desktop on his laptop, he wouldn't even have needed to set anything special on his iChat settings for accepting conversations without local confirmation - he could just log into his desktop remotely, open iChat, and accept the chat invitation.

      But as far as I am aware, that is no reason to say that the wife's recording my fucking of her husband in their bedroom is not a punishable offense.

      The case is pretty strong that recording you is not, as long as the state has single-party consent laws. They'd simply need to argue that they were a party to the activity, in the sense that they had every right to be in their own bedroom, even if the spouse wasn't aware of their presence.

      Now, after making a recording, they should be very careful what they do with the recording because that could easily fall afoul of anti-harassment laws.

    388. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Realize that adultery is illegal in many states

      If from nothing other than a breach of contract, I did figure that. But as I'd signed no contract to _not_ fuck the husband, I figured I was in the clear of any legal wrong-doing, even if i knew that he was breaking a law by fucking me. Was this an incorrect assumption on my part? I suppose if nothing else, it could be said that I am an accomplice to a crime, but that just feels wrong to me.

      Maybe I'm just too caught up in arguing for the "even assholes have rights" side in order to properly consider this. You do make some good points, but it just feels to me like, if it's ok for the wife to film me without my consent as her husband fucks me in their bedroom, how far could that be stretched to justify deeper invasions of privacy?

    389. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      Except we're not talking about simply being "caught", we're talking about being observed, possibly even recorded for later watching.

      Nice try, but I already addressed that. You have no right to be free from unwanted or undetected observation when you are in someone else's house. A hidden camera is really no different than a spouse hiding in the closet. The spouse has every right to observe what happens in their bedroom.

      And you have no right to privacy in someone else's bedroom unless (a) they know you're there and (b) they know you're doing something that requires privacy and (c) they've consented to your being there and doing that. Otherwise, you have absolutely no right to complain if you're walked in on, or detected by setting up surveillance in the room, whether that's a spouse physically hiding in the closet or a hidden camera they've set up.

      And yet she has the right to put up video cameras without her husband's consent?

      Sure, why not? He has the "right" to use his bedroom if he wants, but he doesn't have the right to block her access to the bedroom any more than she has the right to block him access to the bedroom. He has the right to use it, and she has the right to be aware of what he uses it for. If he suspects that she's putting up cameras in his bedroom without his knowledge and consent, perhaps he should put up some cameras to catch her in the act of putting up cameras. :P

      The difference between this and simply hiding in the closet is only the fact that a recording was made. Which can be pretty significant from a legal standpoint, but if you were gathering evidence against a cheating spouse, it would usually be within your legal right. Realize that adultery is illegal in many states*, not necessarily because it is ever prosecuted (criminally, at least), but because it's legally more justifiable to collect evidence if you're investigating something that's illegal, not simply spying on two people having sex. (I say, not criminally punished: if you can prove that a spouse was committing adultery, they'll generally be "punished" through the settlement they receive in divorce court.)

      But in this case, the camera wasn't hidden and its presence was known to both occupants, though the occupant who expected privacy didn't realize that the camera could be triggered remotely. Hell, if Ravi enabled Remote Desktop on his laptop, he wouldn't even have needed to set anything special on his iChat settings for accepting conversations without local confirmation - he could just log into his desktop remotely, open iChat, and accept the chat invitation.

      But as far as I am aware, that is no reason to say that the wife's recording my fucking of her husband in their bedroom is not a punishable offense.

      The case is pretty strong that recording you is not, as long as the state has single-party consent laws (which New Jersey does have). They'd simply need to argue that they were a party to the conversation, in the sense that they had every right to be in their own bedroom, even if the spouse wasn't aware of their presence.

      Now, after making a recording, they should be very careful what they do with the recording because that could easily fall afoul of anti-harassment laws.

      * Eighteen of them, from what I can find: North Carolina, Rhode Island, Kansas, Massachusetts, Colorado, Florida, South Carolina, Tennessee, Virginia, Utah, Missouri, Mississippi, Georgia, Indiana, Maryland, Arizona, Michigan, Illinois; New Jersey is not one of them, but adultery is grounds for a divorce and considered a factor in awarding alimony.

    390. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      I don't understand. You've already posted most of this, and I responded to it. I even admitted that perhaps I am too involved with arguing for the "even assholes have rights" side to properly consider this, but you felt the need to repost it with minor additions? Why?

    391. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      how far could that be stretched to justify deeper invasions of privacy?

      That's actually a fair question - the husband may be able to require you to be tested for STDs and he be made aware of any positive results. Or he may only have the right to require his wife to. Or both. Or his wife, then you if she tests positive. Who knows how that would play out... IANAL. He probably has a criminal case against you if you infected his wife with an STD and she transferred it on to him. Assuming, of course, that married people have sex (we all know they don't).

    392. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      It was an accident.

      Aside, if /. wasn't so draconian about how often an AC can post, in particular with two different posting interfaces (D1 and D2) with different post rate timers, I might not forget whether or not I've posted something already.

    393. Re:Damn unfortunate by mcmonkey · · Score: 1

      Assault and battery and murder were illegal then as well as now. Hate crime laws do nothing to change that except to unfairly add to some peoples' sentences.

      Just to throw some historical perspective in to the mix, hate crime laws were born from local law enforcement turning a blind eye to or participating in crimes such as assault, battery, and murder.

      In some places killing a black man isn't against the law. Murder isn't a federal crime, but civil rights violations are. It's basically a "this is why we can't have nice things" situation.

      To all the states rights folks, you shat your own bed, now you have to sleep in it. When left to the states, people get away with murder (literally), so now you have feds all up in your business.

    394. Re:Damn unfortunate by Anonymous Coward · · Score: 0

      The first amendment covers political speech, not your 'right' to harass someone or be tastelessly offensive

    395. Re:Damn unfortunate by stdarg · · Score: 1

      Ravi was caught and prosecute because Clementi killed himself, yes. But that doesn't make him a scapegoat.

      Heh, you don't know what scapegoat means. Nobody could be prosecuted for Clementi's death, but "justice" was required by the typical squeaky wheels, so they threw the book at Ravi and got some things to stick.

      Maybe you should look up scapegoat in the dictionary and educate yourself a bit.

      you are just one puny, insignificant, hypocritical bigot who isn't going to change the outcome of this trial

      lol what? That came out of nowhere. Oh well you're an idiot who doesn't even know what a scapegoat is. Your insults don't carry much weight.

      Here's to Ravi being freed on appeal! Cheers.

    396. Re:Damn unfortunate by Tassach · · Score: 1

      What Ravi did was punch in the nose wrong - not 10 years in prison and deportation.

      A punch in the nose can kill, even if you didn't intend it to. It may be a freak occurrence, but if it does, expect to be punished accordingly.

      Ravi rejected a plea deal that would have kept him out of jail and would likely have allowed him to stay in this country. I have no sympathy for him on those grounds alone.

      Personally, I'd feel justice was served if he got 6 months in gen pop followed by deportation. No reason for the US taxpayers to feed and clothe his ass for a decade.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  3. Ironic by craigminah · · Score: 0, Informative

    So this was tried as "bias" and Mr. Ravi will get up to ten years in jail but the Major Hassan incident was classifed as "workplace violence" and not "terrorism" even though he yelled "allah al akbar dirka dirka" before he shot a bunch of Army soldiers. WTF? I think the courts are a tad too liberal nowadays...

    1. Re:Ironic by nedlohs · · Score: 2

      Because Maor Hassan was charged under New Jersey law rather than under the Uniform Code of Military Justice, right?

      And of course 10 years in jails is far far worse than the death penalty the prosecution in the Hassan case is going for.

      Is it hard to be as stupid as you clearly are?

    2. Re:Ironic by Anonymous Coward · · Score: 0

      Have you seen the conditions in US "supermax" prisons? I'd much rather be dead than spend ten years in one of those.

    3. Re:Ironic by Anonymous Coward · · Score: 1

      Talk is cheap, put your money where your mouth is.

    4. Re:Ironic by craigminah · · Score: 0

      I didn't say the punishment is easier for Maj Hassan, I said the spin the news media put on each is interesting and it is also biased. I love the general attitude of intellectual supremacy a lot of folks have on /. Maybe you should read my post before ranting and changing the subject (e.g. from media bias to perception of fairness in punishment).

    5. Re:Ironic by chrb · · Score: 1

      The question of whether Hassan was a terrorist is more interesting than you probably give credit, and really comes down to what the definition of terrorism is. Consider "Hasan passed up several opportunities to shoot civilians, and instead focused on soldiers in uniform." If he intended to terrorise the population, why didn't he shoot the civilians? Did he actually see some wider political meaning to his attacks, that American soldiers would not feel safe anywhere? And if he considered himself part of an non-state army, then are soldiers a legitimate military target? Note that question is an important one - it always comes up in response in similar situations e.g. to give two contrasting examples: French resistance attacks on German soldiers, and IRA attacks on British soldiers. If during the American Revolution, a soldier serving in the British Army had decided that the actions of the British were wrong, and to ally himself with the Americans, and he then killed some fellow British soldiers, would he have been a terrorist?

      There was a similar debate over the Norway attacks, when some people argued that the attacks weren't "terrorism", even though hours earlier they had called the attacks terrorism, but literally changed terminology when it was discovered that the attacker was a Christian and not a Muslim. This is a man who espoused a very specific political platform, planned his attacks over several years, and wrote a huge thesis demanding wider political change, and who thought that his attacks would effect that change, and yet there were still people who refused to label him as a "terrorist".

    6. Re:Ironic by nedlohs · · Score: 1

      Bullshit.

      You didn't mention the media. You said the courts were too liberal.

      Apparently you can't read your own posts.

    7. Re:Ironic by craigminah · · Score: 0

      Next time I post on /. I'll have to be more explicit and ensure I say exactly what I mean so that angry posters such as yourself who spew venom online to make themselves feel better don't have so much ammo. Liberal courts AND a liberally-biased media are both to blame. You seriously need to take a chill pill (it's on the shelf next to the cyanide) and be nicer online. Or are you always this angry?

    8. Re:Ironic by Anonymous Coward · · Score: 0

      Ohh are those pills right next to your psych meds? Cause our courts are as far away from liberal as you can get. See Citizens United.

    9. Re:Ironic by craigminah · · Score: 0

      I really don't want to argue...we may both be right regarding the political viewpoint of courts and the media. I am fairly conservative so I think they are generally too liberal; you OTOH may be more liberal than me (not a bad thing...just different) and see the courts as being too conservative. I just want courts to judge based on the various laws (e.g. local, state, federal, the Constitution, tort, etc.) and for the media to limit opinions. Report fairly, good or bad...unfortunately, ratings are affected which pushes the reporters to be more "extreme" and try to create news out of BS.

    10. Re:Ironic by nedlohs · · Score: 1

      Im not angry in the slightest.

      You just said one ridiculous thing - that a guy who committed a crime on a military base in Texas should be charged under a New Jersey law instead of the death penalty offense he has been charged with - and used that as some evidence of coirts being too liberal. And then claimed you were talking about the media.

      Now you claim you were talking about both liberal courts and a liberal media. But I'm still confused as to why you think New Jersey state law should apply to a guy in Texas under Federal jurisdiction. And expanation of how seeking the death penalty is more liberal than seeking a 10 year jail term would be good too.

    11. Re:Ironic by ryanov · · Score: 1

      Yeah, because saying that he yelled "dirka dirka" makes you totally credible as a person we should listen to about that case. And I agree, extremely likely that someone would join the army and serve for 8 years in order to eventually perpetrate a terrorist act. Sounds legit to me.

    12. Re:Ironic by ryanov · · Score: 1

      Show me the liberal media, jackson. Seriously. Where is it? MSBNC, maybe? NPR? Show me the liberally-biased courts. Lord knows the Supreme is not one of them.

    13. Re:Ironic by craigminah · · Score: 1

      I never suggested someone in Texas should have New Jersey law applied to him. What I commented on was what I thought was interesting: that someone who yells "allah is great" and shoots military members on a base doesn't get called a terrorist (it's "workplace violence") but a college kid who videotapes his roommate having sex with another man is labelled "bias intimidation". I simply wanted to point out the irony or hypocrisy of that...after posting, I was surrounded by villagers with torches and pitchforks for voicing an opinion. Regarding the media, when GW was President every death in the GWOT and every gas hike, and every bit of his past was drug up and put on display every night. President Obama is immune from any sort of vetting or investigation. I don't want a witch hunt to ensue, I think he's doing ok, but the hypocrisy is something that's noticed. I don't even get started with the courts because that could get ugly, but if you follow court decisions you'll soon realize courts now more than ever are creating law rather than interpreting law. Freedom OF religion does not imply freedom FROM religion. I'm done arguing here, I wish people would point out the good and bad of all politicians and the news would report the news with as litle bias as possible.

    14. Re:Ironic by nedlohs · · Score: 1

      There is no irony or hypocrisy. New Jersey state law has a crime that the Uniform Code of Military Justice does not. Now it may be a stupid law, but it's hardly interesting that someone not under its jurisdiction isn't charged under it and someone who is is.

      How you get from that to there's a grand media/justice system conspiracy to be biased and liberal I'm not sure, but whatever floats your boat.

  4. I don't see the bias part by stevegee58 · · Score: 1

    I'll bet he would have done the same thing if his roomie had been straight and brought back a chick.
    I really doubt the gay roomie was singled out for his orientation.

    1. Re:I don't see the bias part by rot26 · · Score: 2

      And I bet he liked orange soda a lot. I also doubt that he ate broccoli more than once a week.

      --



      To ensure perfect aim, shoot first and call whatever you hit the target
    2. Re:I don't see the bias part by Anonymous Coward · · Score: 0

      So you think he (a straight man) would watch two gay people hook up but not two straight people?

    3. Re:I don't see the bias part by crgrace · · Score: 1

      What basis do you have for making this claim? The texts, chats, and tweets he made regarding the situation dispute your assertion.

      He explicitly tried to get his friends to watch because it was so "crazy" to see "two dudes".

    4. Re:I don't see the bias part by ichthus · · Score: 0

      Aside from violation of privacy, how is this such a big deal? I'm 38 years old, and I have yet to see two dudes kiss in public (aside from TV). If I did see it, I would find it to be strange, because it's outside of what I'm used to seeing.

      So, again, outside of the privacy violation, did he also commit some crime by not being accustomed to, and indifferent of homosexuality? Should he serve a prison sentence because he thought two guys kissing is strange/not what he's used to seeing?

      --
      sig: sauer
    5. Re:I don't see the bias part by Sique · · Score: 1

      If he secretly videotaped a girl having sex with her boyfriend and set the video up for public viewing, how would you react? Is it ok to videotape people in their most initimate moments without their consent and then put it up for everyone to see?

      No, it carries a penalty of up to 10 years in prison, and that's exactly what will happen. Just that he didn't videotape a girl and her boyfriend, but two men having sex.

      --
      .sig: Sique *sigh*
    6. Re:I don't see the bias part by Anonymous Coward · · Score: 0

      I'm 38 years old, and I have yet to see two dudes kiss in public

      You need to get out more.

      -J2 In The Basement

    7. Re:I don't see the bias part by ichthus · · Score: 1

      If he secretly videotaped a girl having sex with her boyfriend and set the video up for public viewing, how would you react?

      I would react the same way. This is the point. The court of public opinion should also react the same way, but they aren't. It's a huge deal, because it was gay guys.

      --
      sig: sauer
    8. Re:I don't see the bias part by ichthus · · Score: 1

      why?

      --
      sig: sauer
    9. Re:I don't see the bias part by ryanov · · Score: 1

      Please travel. "Travel is fatal to prejudice, bigotry and narrow-mindedness." - Mark Twain ...and clearly he was not "indifferent."

    10. Re:I don't see the bias part by ichthus · · Score: 1

      So, because I've never seen two guys kiss, I'm a bigot? Or, somehow narrow-minded? O..k? Maybe it's just not really that common.

      FWIW, I visited Munich and Tokyo just last year.

      --
      sig: sauer
    11. Re:I don't see the bias part by ryanov · · Score: 1

      10% of the population is common enough, and if you haven't seen it, it is likely because where you live it is driven underground.

      If you think it's totally normal to think it's weird because you've never seen it, that is somewhere you need a more open mind. And honestly, the reason this guy hadn't seen it either is that primary school and high school are very homophobic places (see Ravi).

    12. Re:I don't see the bias part by V.+P.+Winterbuttocks · · Score: 1

      What basis do you have for making this claim?

      (a) he's straight and (b) he's a dick.

      Now, what basis do you have for implying Ravi would have been uninterested in spying on the action had it instead been an attractive female coed steaming up his dorm room?

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    13. Re:I don't see the bias part by V.+P.+Winterbuttocks · · Score: 1

      Not only have I never seen two men making out in public, I can't remember the last time I saw a man and woman making out in public. A quick peck on the lips, maybe, and even that can draw unwanted and embarrassing attention.

      It is simply not the sort of thing that people often do in public, unless you're in a bar populated by drunk twenty-somethings who seem to be waiting for the next excuse to suck face with a drunk member of the opposite sex.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    14. Re:I don't see the bias part by ryanov · · Score: 1

      I've seen plenty of people kiss. Some of them have been men. Kissing is not that uncommon. Note that making out is not what was said originally.

  5. Well good! by SmallFurryCreature · · Score: 1, Insightful

    The guy is a dickhead who violated another persons very reasonable expectation of privacy and then spread it around. Note that his defense never denied any of it, just claimed it wasn't so bad after all, haters will hate it seems and because this poor guy can be deported that another person felt so bad about having his private live revealed that he killed himself does not matter. Neither has this guy ever made a serious apology, the only thing he feels sorry for is himself.

    Now, please tell me why I am a lousy human being for not feeling sorry for this dickhead and thinking poetic justice would be to put a webcam in his cell as he finds a husband during his stretch.

    Society has certain rules, they are not that hard to get. Nobody could possibly think that what he did was not morally wrong, yet he did it. Now he cries that its effects on him are to big. The effects HIS actions had on his roommate don't come into it. Let him make a serious effort of atonement BEFORE the jury found him guilty. I never buy it when a criminal says he was so sorry, AFTER his lawyer wrote the speech for him. Maybe I am just not a bleeding heart anymore. And if you think, this is just what 20 year olds do... then it says a lot about you.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Well good! by Anonymous Coward · · Score: 0

      oh boo hoo, we now have a generation of cry babies. All the kid had to do was man up and break the guy off for being a jerk, not kill himself.

    2. Re:Well good! by Stargoat · · Score: 5, Insightful

      SmallFurryCreature, you're a right asshole. No one, not prisoners, not women, not anyone, deserves to be raped. People should not be placed into prison to be raped. If prison is not enough punishment, then punishment should be changed. But to expect, or in your evil case, demand that someone be raped in prison is wrong wrong wrong.

      Ask yourself you conservative 'not a bleeding heart anymore' nutjob, what would Jesus have you do? Answer: Certainly not have a prisoner raped.

      SmallFurryCreature, you should beg your creator for forgiveness and help for being more compassionate. Shame on you.

      --
      Hoist Number One and Number Six.
    3. Re:Well good! by elrous0 · · Score: 1

      Because being a prick isn't a crime and the justice system is supposed to be about the law, not retaliation.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    4. Re:Well good! by Anonymous Coward · · Score: 0

      In New Jersey being a "prick" is a crime, and Ravi has just been convicted of it.

    5. Re:Well good! by Anonymous Coward · · Score: 0

      Shut up, faggot. Go jump off a bridge.

    6. Re:Well good! by glwtta · · Score: 1

      So, the guy may be going to jail for 10 years for watching his roommate kissing a guy for a couple of seconds.

      There is exactly no evidence that this had anything to do with Clementi's suicide - he wasn't closeted, and did not appear to be struggling with his sexual orientation in any way.

      There is no evidence that his suicide had anything to do with him being gay. None of this is about homophobia. None of this is about "cyber-bulling".

      What Ravi is guilty of a moderately dickish thing, and planning a majorly dickish thing (it's not clear if was actually going to follow through with it) - and yes, if you locked up every 20 year old for that then most colleges would be empty.

      In short, you're a lousy human being for jumping on the "let's find somebody to blame" bandwagon.

      --
      sic transit gloria mundi
    7. Re:Well good! by WaffleMonster · · Score: 1

      Now, please tell me why I am a lousy human being for not feeling sorry for this dickhead and thinking poetic justice would be to put a webcam in his cell as he finds a husband during his stretch.

      Webcam vs rape = justice? Really? And this gyberish was modded insightful?

    8. Re:Well good! by Anonymous Coward · · Score: 0

      What I like about all this is that some of the people who preach tolerance are also now the lynch mob. If this guy has to have his life ruined because somebody else was mentally unstable enough to off themselves*, then the least we can do is laugh at the irony.

      *I have suicidal thoughts pretty much every day lately and had a terrible time trying to sleep last night with a mix of them and having dreams about my dead best friend, but I'm not going to off myself, and even being severely humiliated wouldn't be enough to push me over the edge.

    9. Re:Well good! by Anonymous Coward · · Score: 0

      Uhhh... why conservative? The parent post seems to have a more liberal slant than conservative. Other than that I agree with your post.

    10. Re:Well good! by clifyt · · Score: 1

      "The guy is a dickhead who violated another persons very reasonable expectation of privacy and then spread it around. "

      I may get vilified for this, but what the fuck expectation of privacy do you have when you sleep in the same room as someone else?

      I lived in a shared dorm room 20 years ago and it was fucking brutal. I don't want my roommate watching me change, and I certainly didn't want my roommate seeing be getting my dick sucked, so I went elsewhere for both of these activities. I know some people believe you can do things like put signs up or otherwise, but that is just as fucking rude...if its my room, I come and go as I feel free. Anything that happens in that room, is fair game.

      And again, it was fucking hell.

      Personally, I don't think two people should ever have to share a single room together unless they are romantically involved. Why? Because you give up every expectation of ANY privacy. My girlfriend would come over if my roommate was gone and stay, but if he walked in...that was our problem. If he walked in with a dozen frat bros and they all made comments...that was also our problem...when someone else is paying for the same amount of access, you don't have a right to tell them to stay out of the place they live and sleep.

      Beyond that, I find it absolutely reprehensible when people decide they can have sex in a shared room. I don't care if it is heterosexuals or homosexuals. I'm sorry if it is the only place you have private...go get a motel room. I didn't have my girlfriend come over for anything intimate if I knew my roommate was around at all...I found it to just be fucking rude. We got a motel room or stayed at a friends place that had a spare room. And then the next semester, I traded up to a single dorm room (the girl and I split the price even though she still had her own dorm room that was shared).

      All this said, the guy that video'd it is a dick. I have no doubt he is a homophobic asshole. And regardless of how rude it is to have sex while a roommate is living with you, its a fucking dick move. In a shared space, nothing is private, but you still don't do shit like this. Being a dick is not a criminal act -- regardless how much you are. I find it horrible what happened to the kid that killed himself, and I think society needs to better help kids like him...and honestly, the schools honor code should kick out any little asshole that posts videos like this...but thats the schools code -- not the law. A school should be able to have rules against being an asshole, the gov't shouldn't.

    11. Re:Well good! by DigiShaman · · Score: 1

      Just curious, have you ever seen the movie The Shawshank Redemption? Loved that movie.

      Remember. If someone confronts you with a penis in your mouth, bite down. Bite down hard until falls off onto the ground. At that point, you're going to die anyways. Might as well save your dignity rather than commit suicide over shame. Or at worst, live with it.

      --
      Life is not for the lazy.
    12. Re:Well good! by gmuslera · · Score: 1

      The government think that violating other persons privacy (us citizens or not) is right and noone seem to object that. Seems that they are doing a good work teaching the new society rules.

    13. Re:Well good! by Anonymous Coward · · Score: 0

      I grew up in New Jersey and also went to Rutgers for University. If being a "prick" in NJ is a crime, then the entire state is a giant prison.

      It's why I left! ;)

    14. Re:Well good! by Phroggy · · Score: 1

      Uhhh... why conservative? The parent post seems to have a more liberal slant than conservative. Other than that I agree with your post.

      The comment "Maybe I am just not a bleeding heart anymore" may suggest that he no longer considers himself to be a "bleeding heart liberal", and thus is now more conservative in his political views. In this country many people associate conservative political views with Christianity (thanks in part to the late Jerry Falwell's Moral Majority political group).

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    15. Re:Well good! by Anonymous Coward · · Score: 0

      I was raped in prison.

      Your words disgust me. Your post advocates that rape, a criminal act, as "poetic justice". If i were to kill myself because your vile post troubled me to a suicidal degree, then I think YOU should be held accountable.

      How would you like that? Turnabout is fair play, after all.

    16. Re:Well good! by Anonymous Coward · · Score: 0

      If someone is planning on putting a dick in your mouth in prison they're going to knock out all your teeth first.
      You might bruise them if you bite down after that, but you're not going to sever anything. And they're going to fuck you up even worse.

    17. Re:Well good! by ClioCJS · · Score: 1

      I'm pretty sure there actually is evidence in the court case, and that is required to conviction. And no, it wasn't just watching for a couple of seconds. It was posting it online, and also witness intimidation. Do you conveniently black out data that is counter to your viewpoint? If I posted naked pix of you online, would that be the same as me looking at your dick for a couple seconds while you're in the same room as me? No. And you're a fucking retarded asshole for suggesting the two things are the same.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    18. Re:Well good! by Anonymous Coward · · Score: 0

      I agree with about everything you write, but 10 years in prison and probably deportation is just a bit too much.. Lots of people do crazy and stupid things when they are young, but should they be punished for it their whole life? Putting someone in prison for that long *will* create another hardened criminal to be released into the world...

      Make the punishment fit the crime.. maybe 3 months in prison, time to think and reevaluate his life, and 3 year probation and then a hefty fine on top of that... This will still allow him to become a productive member of society that will give back instead of being a drain on everyone else, just think about the costs for 10 years in prison, and if he falls back into his 'old ways' then a harsher sentence can be made.. Maybe even community service where he will be forced to go around speaking at schools about what he did could prevent this from happening again in a few cases....

      Prisons should be used for the improvement of society as a whole, not only to punish specific individuals..

    19. Re:Well good! by Anonymous Coward · · Score: 0

      Personally, I don't think two people should ever have to share a single room

      Seriously? Get over your western suburban standards. Almost everyone all over the world has been required to live with other people. You need to learn to get along with the folks you're living with.

    20. Re:Well good! by brotherbradshaw · · Score: 1

      Sounds like a good idea. Let's get started.

      What Ravi is guilty of a moderately dickish thing, and planning a majorly dickish thing (it's not clear if was actually going to follow through with it) - and yes, if you locked up every 20 year old for that then most colleges would be empty.
      In short, you're a lousy human being for jumping on the "let's find somebody to blame" bandwagon.

    21. Re:Well good! by Anonymous Coward · · Score: 0

      Hey, some of us like sucking dick. Don't be hatin'.

    22. Re:Well good! by thesandtiger · · Score: 1

      I sincerely hope that neither you nor anyone you care for is ever raped. Wishing that on another human being - even one who has committed crimes - is repugnant. Doing so gleefully is despicable.

      I don't disagree that Ravi is a dickhead, nor do I disagree that he deserves to be punished according to the laws he broke and was convicted under. Rape as punishment is not part of the law, and any civilized person should understand that, and as such, that is why you're a lousy human being.

      Tell me - since you take such joy in the idea of him being sexually assaulted in prison - do you also fantasize about people jailed for possession of marijuana being raped? Or how about innocents put in jail due to corrupt law enforcement and prosecutors more interested in a win than in justice?

      Because, you see, by cheering on this guy's rape you're cheering it on and endorsing it for everyone else who winds up in prison, regardless of the circumstances.

      Like I said, I sincerely hope that you never experience such an assault, and I also hope that someday you become a civilized human being, rather than a repugnant troglodyte who advocates punishment outside of the law.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    23. Re:Well good! by glwtta · · Score: 1

      See, this is the problem here - a lot of the "facts" being constantly repeated are completely made up.

      No, he did not post anything online. He posted about it on Twitter; something to the effect of "my roommate has a guy over". Of course that's not nearly juicy enough, so almost every single news story rounded it up to "sex tape posted online!"

      Just to reiterate: there were no sex tapes, no pictures, no actual sex, either. He didn't even see anyone naked.

      If you're at all interested in learning more about what actually happened, this article goes into a good amount of detail (fascinating read, actually).

      And give me a fucking break - "witness intimidation"? He asked his friend not to talk to the cops (rather stupidly, obviously). The friend that was facing most of the same charges and thew him under the bus to get a deal.

      And you're a fucking retarded asshole for suggesting the two things are the same.

      In this case, the two are the same only in the sense that neither one actually took place.

      --
      sic transit gloria mundi
    24. Re:Well good! by ryanov · · Score: 1

      The guy was convicted for his actions -- nothing more, nothing less. He had an opportunity to accept a GENEROUS plea. He said no. He's getting what he has coming to him.

    25. Re:Well good! by ryanov · · Score: 1

      Thank you.

      As if one can't negotiate over shared space, either.

    26. Re:Well good! by Anonymous Coward · · Score: 0

      Sure, try living in the same room as Ravi, he thinks his roommate is "gay and poor". He's an asshole, I don't really care what happens to him. He didn't kill his roommate, he sure contributed. It's the small things that added up. Read the more about the case and feel the assholeness of Ravi.

      I thought the prosecutor gave him a break, they could have charged him with directly causing the death of his roommate, somehow I suspect the people will win. Like you, they probably thought Ravi do not deserve that. Since he is not charged with that, there's no need to furnish those evidence. Just another way of looking at this.

    27. Re:Well good! by clifyt · · Score: 1

      You can negotiate over it.

      However, considering both paid for that space, and if one wants to be a dick and not negotiate over it, they have every right to be a dick.

      I wouldn't want to be a roommate with this person either. I'm not arguing in ANY way that they are good people. I'm arguing that a shared space is free game for both participants unless they agree otherwise. I have exactly one dick roommate and I moved out. I complained for a day or two, and then realized he had just as much right to do whatever as I did, so long as it didn't infringe on my rights. Right to privacy is one you give up in a shared living arrangement, and its one I'm not willing to ever give up again.

    28. Re:Well good! by ryanov · · Score: 1

      What you are missing is that they are expected to agree otherwise. There are plenty of other circumstances that are incompatible (want to study, he wants to watch TV). That is just how it works when you live in a society.

    29. Re:Well good! by Myopic · · Score: 1

      My guess is that OP doesn't actually think Ravi should be raped in prison. Do you really think so? It sort of seems to me that you jumped on the only part of what he said which could easily be construed into an attack on the speaker. Did you only mention the prison-rape part because it was the only part with which you disagreed? Do you agree with all the other parts?

    30. Re:Well good! by Anonymous Coward · · Score: 0

      And this is where I believe the the agreements have to come down to if the two cannot agree...it goes down to the least amount of infringment upon the other party.

      In the cast of study vs. tv? The student is there to go to school...tv comes after study. You cannot do anything to disturb the other.

      Same with sex in a dorm room...if you haven't actually talked about this and come up with agreement...if someone wants to have a videocam running while you do something like this...well...its sucks for you.

      Again...I do not believe any of this is right. I think two adults (which they were) should come up with agreements and should work together. I'm talking about where one decides they don't want this...in which case, its pretty much what happened. One side didn't care much for the other, and therefore, you have no rights to privacy...and I think the guy that vid'd this was an asshole that doesn't care about others....shouldn't be against the law.

    31. Re:Well good! by ryanov · · Score: 1

      You think that because the roommate did not agree with the guy's actions, he has a right to turn his bedroom into a public place? He may not have a right to privacy as far as kicking out his roommate goes, but he sure as shit has a right to keep his room private from the rest of the school.

    32. Re:Well good! by V.+P.+Winterbuttocks · · Score: 1

      No. Why should I? I like it here. Get over your delusion that you can tell people in first-world countries to live under second- or third-world conditions. I have the money, I have the space, and what right have you to tell me that I should learn to deal with rude assholes who think they're entitled to share it?

      I can afford to live by myself. I do live by myself. I once had a roomate. He was a dick. I kicked him out. Now I live by myself again. End of story.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
  6. Hope he enoys GITMO by Anonymous Coward · · Score: 0

    I hope he enjoys his stay in prison and his subsequent deportation as a felon back to India.

  7. Mindcrimes by XxtraLarGe · · Score: 4, Insightful

    I think what Ravi did was wrong, and had tragic consequences, but I have a problem with the term "hate crimes," and giving certain segments of society special protections over other segments of society. There should be other crimes that he could be charged with (invasion of privacy laws, etc.), but to charge someone having a particular belief system is wrong. I don't have a problem with considering intent when it comes to sentencing, but it seems entirely improper to consider it as a crime in and of itself.

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
    1. Re:Mindcrimes by crgrace · · Score: 4, Informative

      The theory of "Hate Crime" was introduced to combat people with a shared belief system looking the other way. It was very hard to fight the KKK during the 20s because so much of the local police forces were members. The feds needed new tools to take them down.

      Certain segments of society have special protections over other segments of society because, historically, certain segments of society have special animosity coupled with power over other segments of society.

    2. Re:Mindcrimes by Anonymous Coward · · Score: 0

      so is burning a cross on someones front lawn just and illegal burning or is it something more?

      I get what your saying, i think that from time to time, I mean we have laws against stuff like assault and vandalism why do we need to punish the what we think is the intent of the person.

      But then i always come back to the cross burning thing, its a form of intimidation, not just at the target but at the larger community. I would rather a jury decide the intent of the person rather then just say make the penalty for illegal burning 10 years in prison just so we can punish cross burners. So that the racist who constantly harasses the black family gets 10 years for intimidation (or hate) crimes for burning a cross and the kids with a bonfire get $100 fine (or whatever) and not 10 years in prison.

    3. Re:Mindcrimes by bws111 · · Score: 4, Insightful

      Hate crimes do not "give certain segments .. special protection". They protect everyone from crimes committed against them because of their race, color, gender, sexual orientation, etc. There is no 'special protection' for blacks, or women, or gays, or anyone else you think is getting special protection. Everyone has a race, color, gender, etc.

    4. Re:Mindcrimes by XxtraLarGe · · Score: 1

      Hate crimes do not "give certain segments .. special protection". They protect everyone from crimes committed against them because of their race, color, gender, sexual orientation, etc.

      Come again?

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    5. Re:Mindcrimes by bws111 · · Score: 2

      What don't you understand about that simple statement?

    6. Re:Mindcrimes by Joe+Decker · · Score: 2

      But then i always come back to the cross burning thing, its a form of intimidation, not just at the target but at the larger community.

      It certainly does harm to that larger community, particularly for communities that have a history of being targeted for violence, that is over and above the other sorts of harms that are done by the fire. It's a threat to anyone with half a brain, and threats of violence are usually uncontroversial, except for some reason in cases like these.

      I don't see what is so hard about the idea that providing additional damages for additional harms. My state finds "additional harms" when murders are committed if you did it for money (your motivation is, remember, a "mindcrime"), if you kill a cable car operator, if you use poison instead of some other method, and so on, and recognizes those special harms as "special circumstances" which drastically change how someone can be penalized? Why do we never, ever, not frigging once hear about all of these inequalities in the law, and how some are mindcrimes?

      Why is that?

      I have a pretty easy explanation, which I'm sure is obvious, but seriously, anyone who thinks that hate crimes laws are a travesty of justice, ... defend your quiet in regards to hundreds of other laws that fit the pattern you rail at. Bueller? Bueller? Anyone?

    7. Re:Mindcrimes by XxtraLarGe · · Score: 4, Insightful

      First off, they don't protect anyone from anything. They punish people after the fact. Secondly, if person in group A murders/rapes/batters person in group B because that person is in group B, we already have laws to cover murder, rape and battery. That is what the person should be charged with. They should not be charged for the fact that they are in group A and the other person is in group B.

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    8. Re:Mindcrimes by Anonymous Coward · · Score: 1, Insightful

      What part of the 14th amendment and "equal protection" do people not understand?

      Special protections means unequal protection.

    9. Re:Mindcrimes by Hentes · · Score: 1

      The theory of "Hate Crime" was introduced to combat people with a shared belief system looking the other way. It was very hard to fight the KKK during the 20s because so much of the local police forces were members.

      So what does raising the sentence help if they weren't caught or charged in the first place because the police looked the other way?

    10. Re:Mindcrimes by Anonymous Coward · · Score: 0

      So burning a cross on some ones lawn should be considered trespass and littering? Tagging someones car with a swastika is just vandalism right? Bias crimes are crimes committed in order to intimidate a group of people. The base crime is a crime but the act of intimidation is another crime.

    11. Re:Mindcrimes by bws111 · · Score: 2

      First, they are charged with whatever the primary crime is. Second, it has nothing at all to do with someone being in group A and the other in group B. It has to do with publicly indicating you have committed the crime simply BECAUSE the victim is a member of a group you don't like. This guy didn't just invade his roommates privacy, he did that and sent out a public message basically saying the roommate deserved the invasion of privacy because he was gay,

    12. Re:Mindcrimes by bws111 · · Score: 3, Insightful

      What part of bias crimes laws are unequal? Do you not have a gender, race, color, or sexual orientation?

    13. Re:Mindcrimes by Crispy+Critters · · Score: 1
      First, please note that I do not think the application of these laws is justified in this case (that's my personal opinion, based on what I have read).

      But I would ask you to rethink the justification for hate crimes laws. Consider the kind of actions that were committed in the southern US earlier in the last century, such as burning a cross in the yard of an African American family. Is trespassing in the yard the only crime committed? The action was a message to the entire African American community, telling them not to step out of line or irritate the white community or they risk the lives of their families. This is one kind of intimidation that hate crime laws are meant to address. For one group of people to attempt to control another group using threats of violence is indeed a crime by itself.

      None of this argues that the actual laws we have were well written or are appropriately enforced. On those matters, I don't know enough to have an opinion.

    14. Re:Mindcrimes by Anonymous Coward · · Score: 0

      exactly.. what is next? If he had been doing this to a fat person who was pigging out would that too be a "hate" crime because he found fat people disgusting and dispicable?

    15. Re:Mindcrimes by Sebastopol · · Score: 1

      You are having trouble because you don't understand hate crimes, or someone explained it to you ass backwards. Here's a post from above the spells it out quite nicely:

      http://yro.slashdot.org/comments.pl?sid=2730083&cid=39381299

      --
      https://www.accountkiller.com/removal-requested
    16. Re:Mindcrimes by ClioCJS · · Score: 1

      Hate crimes legislation equals "kill your own race and we'll punish you less". That being said, I don't disagree with what happened in this case.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    17. Re:Mindcrimes by Beeftopia · · Score: 1

      People say that a white gang that kills a black guy terrorizes the black community. And that's probably true.

      But you know what? A black gang that goes into a white neighborhood and kills a white guy terrorizes the white community.

      Of course - intent matters. And I welcome stronger penalties for violent crimes. But not applying them equally to minorities that terrorize white communities is simply not equal protection.

    18. Re:Mindcrimes by Anonymous Coward · · Score: 0

      Well, your original comment is self-contradictory at best. It's like saying the "you must be this tall to ride" signs at amusement parks aren't discriminating by height, since everybody has a height. You really think this law will be applied evenly? People are going to get convicted of a hate crime because they have it in for white heterosexuals? The law is intended to revenge the state on those members of supposedly privileged groups who have had unkind thoughts about specific protected minorities (or about women, the protected majority.) It isn't about any actual violent crimes, those crimes are already illegal. It's literally only about criminalizing thought.

    19. Re:Mindcrimes by Anonymous Coward · · Score: 1

      There have been cases like that, and the blacks have been charged with the same hate crimes that whites would have.

    20. Re:Mindcrimes by XxtraLarGe · · Score: 1

      I understand it perfectly well. I also stated that intent should be considered for sentencing.

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    21. Re:Mindcrimes by DragonWriter · · Score: 1

      Hate crimes legislation equals "kill your own race and we'll punish you less".

      No, it doesn't. First, because "hate crimes" legislation doesn't require the victim and defendant to be of different groups along the axis of hate, though that's probably usually the case in practice, second because the axis of hate for hate crimes isn't limited to just race, and third because you can be sentenced to the maximum penalty for killing someone without it being a hate crime, so the absence of a hate crime charge does not, for certain classes of homicide, reduce the potential penalty.

    22. Re:Mindcrimes by XxtraLarGe · · Score: 1

      What part of bias crimes laws are unequal? Do you not have a gender, race, color, or sexual orientation?

      Let's turn this on it's head. Suppose the victim was straight and the culprit was gay. If the culprit secretly set up a camera to video tape his straight roommate masturbating and posted it to a gay porn site, and the straight person was so humiliated after they found out about it that they committed suicide, would the gay person be charged with a hate crime? The likely answer would be no.

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    23. Re:Mindcrimes by chrb · · Score: 2

      to charge someone having a particular belief system is wrong

      Hate crimes don't prosecute people for having a particular belief system - they prosecute people for having committed crimes that were motivated by a particular belief system.

      It's similar to terrorism. If you blow up a room full of people, then they are all dead whichever way you charge the perpetrator. But do you charge with 50 counts of murder, or terrorism plus murder? You could, as you say, ignore the "terrorism" and just use murder charges and consider the motivation during sentencing, but the legal system seems agreed that there is some value to treating terrorism as a specific act in itself. It can be argued either way.

      You may find this article interesting: Is Terrorism a Crime or an Aggravating Factor in Sentencing?

    24. Re:Mindcrimes by snowgirl · · Score: 1

      There should be other crimes that he could be charged with (invasion of privacy laws, etc.), but to charge someone having a particular belief system is wrong.

      You seem to be confused. They did charge him with invasion of privacy, and intimidation. The "hate crime" aspect was an AGGRAVATING CIRCUMSTANCE, not what he was charged with. Namely, he wasn't charged with "bias intimidation", he was charged with "intimidation", and then "also with an aggravating factor, that being a bias of hate."

      No one was prosecuting Ravi for holding a particular belief system, they charged him because he committed criminal acts. The hate crime aspect just made the consequences for those criminal acts worse.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    25. Re:Mindcrimes by crgrace · · Score: 1

      So what does raising the sentence help if they weren't caught or charged in the first place because the police looked the other way?

      It isn't about raising the sentence. It is about making a new law under which the crime can be prosecuted. If the police in Mississippi can look the other way to the KKK terrorizing the black population, then the FBI can come in and start making arrests under hate crime statutes. They were brought in to make racial intimidation a federal offense.

    26. Re:Mindcrimes by ClioCJS · · Score: 1

      I'd love to see a black guy shoot another guy and then go to jail for a hate crime. As in, I really doubt that would ever happen. The fact of the matter is -- killing someone for certain reasons is now a lesser crime than killing someone for other reasons. I don't agree with that. But since the law is in the books, I'm glad Ravi fried.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    27. Re:Mindcrimes by Baron+von+Daren · · Score: 1

      What part of the 14th amendment and "equal protection" do people not understand?

      Special protections means unequal protection.

      Caveat: I’m not making a judgment here about the value of a concept like ‘hate crimes’ one way or the other, but rather an observation that people are far too eager to render judgment on a complex concept using simple thought.

      For example: Equal protection assumes an equal playing field. Another way to look at this is that protection from ‘hate crimes’ is a form of special protection intended to a counter a special threat; and these two special conditions cancel out and yield equal protection. That is a super simplified and actually pretty bad way to break it down, but it hints at underlying problem of social power dynamics and how they alter the equality of the playing field.

      Take the example of racism in first half of the 1900s (and beyond really). Though both blacks and whites could be said to be prejudice, only whites were technically able to be racist using a technical definition of institutional racism. This is because the power dynamics did not create an equal playing filed. Whites had immense institutional and social power to bring to bear in service of their prejudices. Blacks generally did not have this power at their disposal. The imbalance in the power dynamic creates a state which is not equal, and in which equal protection is impossible through the enforcement of ‘blind’ laws.

      Power dynamics is just one small wrinkle in a concept like ‘hate crimes.’ It doesn’t matter whether you agree or disagree with the concept in the end; it’s just not a simple concept and can’t be summed up with a statement like ‘equal protection’ abstracted from the larger milieu.

      There is a general problem here when it comes to things like philosophy, social theory, the legal system, etc. People often forget that they have limited education and training in these subjects and haven’t really spent significant time thinking about the concepts in question. A lack of formal education doesn’t ensure one’s propositions will be wrong, or even that they will be ‘blunt’ so to speak. My point is that all too often people are oblivious to the tremendous underpinning of knowledge and hours of thought others have devoted to a topic at hand. In the case of ‘hate crimes,’ we aren’t talking about a concept people just whipped up to stick it to the white man. It is an attempted solution to a larger problem, and unless you have spent a lot of time thinking about the subject, there is probably a lot of factors you haven’t considered.

    28. Re:Mindcrimes by Hentes · · Score: 1

      Oh, so it allowed the federal police to intervene? Thanks for explaining it to me.

    29. Re:Mindcrimes by dkleinsc · · Score: 1

      If the culprit secretly set up a camera to video tape his straight roommate masturbating and posted it to a gay porn site, and the straight person was so humiliated after they found out about it that they committed suicide, would the gay person be charged with a hate crime? The likely answer would be no.

      At least in a legal sense, the question becomes whether the goal was embarrassing his roommate or embarrassing straight people. If the former, that's a crime but not a hate crime. If the latter, it's a hate crime. Ravi's actions were the second one.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    30. Re:Mindcrimes by PeanutButterBreath · · Score: 1

      The likely answer would be no.

      Because there is no law to protect straight Americans from harassment by GLBT Americans. The reason there is no law is because there is no pattern of such harassment.

    31. Re:Mindcrimes by muridae · · Score: 1

      Ravi proved his actions fell into the second category by trying the defense "I just don't understand gay people, I haven't been around many."

      "I'm pranking my roommate" is one thing. "I'm pranking my roommate because I don't agree with his sexual orientation/skin color/gender" is a hate crime.

    32. Re:Mindcrimes by muridae · · Score: 1

      *bzzzt* Wrong answer. The way most hate crime laws are written (and I say most cause I'm sure there are a few idiots writing laws out there) is that the crime is a hate crime if the victim is targeted, in whole or in part, due to their race, gender, sexual orientation, creed, or whatever. Technically, legally, those laws protect straight white christian men from being assaulted by pagan lesbians and transwomen of various races simply because they are straight white christian men. That those crimes are so rare prevents us from having a good legal groundwork to see if various city/state/federal attorneys are applying the law correctly.

    33. Re:Mindcrimes by muridae · · Score: 1

      Killing someone in the heat of the moment (found someone sleeping with your spouse, shot them on the spot) has always been a different crime than killing someone for another reason (plotted and killed neighbor because their dog barks too much). Murder comes in degrees, and was measured such before hate crime laws.

    34. Re:Mindcrimes by stdarg · · Score: 1

      That doesn't make sense. Even if Ravi didn't understand or like gays, that doesn't mean his actions were targeting gays in general. The gay roommate could be perplexing or irritating to Ravi and that made Ravi want to embarrass him.. maybe behavior like gay sex was perplexing or irritating to Ravi.. but that still doesn't mean he was sending a worldwide message to gays. He could very well have been sending a message to the particular gay man he was sharing a bedroom with.

    35. Re:Mindcrimes by stdarg · · Score: 1

      he did that and sent out a public message basically saying the roommate deserved the invasion of privacy because he was gay,

      He did not justify his action on the basis that his roommate was gay. He made a public message about his roommate's gay acts. That's totally different, hopefully you see that.

      This is why hate crimes are hated by so many people. You take a event and by the mere fact that it involves a protected group attribute malice to it.

    36. Re:Mindcrimes by stdarg · · Score: 1

      What do the different degrees of murder have to do with hate crime? You know they have nothing to do with each other right?

      As in, killing the black guy who slept with your wife in the heat of the moment may be a hate crime, but it doesn't become premeditated murder. It's still a crime of passion, with "hate crime" attached.

      See the difference?

    37. Re:Mindcrimes by stdarg · · Score: 1

      My state finds "additional harms" when murders are committed if you did it for money (your motivation is, remember, a "mindcrime"), if you kill a cable car operator, if you use poison instead of some other method, and so on, and recognizes those special harms as "special circumstances" which drastically change how someone can be penalized? Why do we never, ever, not frigging once hear about all of these inequalities in the law, and how some are mindcrimes?

      Why is that?

      I have a pretty easy explanation, which I'm sure is obvious, but seriously, anyone who thinks that hate crimes laws are a travesty of justice, ... defend your quiet in regards to hundreds of other laws that fit the pattern you rail at. Bueller? Bueller? Anyone?

      Are you kidding? Please tell me you are.

      The reason nobody complains about those laws is that they never happen.

      Killing a cable car operator?? Seriously??

      Hate crimes are in the news all the time. They get a lot of attention. I guarantee you that if someone were charged with an extra offense because their victim was a cable car operator, I would be calling bullshit on that law all day long. Seriously I promise you. But the fact is that will never be national news, and most likely I will never hear about a single case of that ever happening.

      So.. things that are more common and have more social impact get more attention.. and that's why the "hundreds of other laws" are largely ignored.

    38. Re:Mindcrimes by ryanov · · Score: 1

      Most of these people hear the words "equal protection" and are done with it, without even understanding what they mean. This is similarly the problem with the whole tea party obsession with saying "that's not in the Constitution!" for everything they don't like.

    39. Re:Mindcrimes by ryanov · · Score: 1

      People are so embarrassing.

      "You must be this tall" to ride is like saying "you must be white to ride."

      Saying "you may not discriminate against someone based on height" means you can't say "you are too tall" or "you are too short."

      And please, show me the folks running around terrorizing white heterosexuals that are not being prosecuted. I will turn them in myself. BTW: holding hands with another man or being gay and existing in your town does not count.

    40. Re:Mindcrimes by ryanov · · Score: 1

      Maybe?

    41. Re:Mindcrimes by Joe+Decker · · Score: 1

      Yes, cable car operators are really in California law (and spelled out as such), but this is also true of bus and other public transit operators too.

      http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=187-199

      See at: 192.25 (a)

      I stick by my belief, though. The idea that we actually consider motive is very much part of the homicide laws of nearly every state in the US. Usually motive is at the heart of the difference between first and second degree murder. Hate crime laws really aren't, in my opinion, that different. Were the laws actionable without there being another crime, I'd have my shovels and pitchforks out, too.

      And most of these "special circumstances" are not ignored by the courts. While they are ignored as "issues" by the media, they are ignored by them because they are uncontroversial ... except for hate crimes.

      Which is precisely my point.

    42. Re:Mindcrimes by Joe+Decker · · Score: 1

      Correction: 190.25 (a). Sorry about that.

    43. Re:Mindcrimes by Cazekiel · · Score: 1

      Agreed, wholeheartedly. There ARE groups of people out there that are in dire need of extra-protections, considering the opposition drawn against them. For those already empowered to start whining about how others get 'special treatment' gets my eyes a'rollin'. I'm sure it's the same attitude that came about when men were suddenly not allowed to beat their wives. 'Special treatment'=not beating your sweetheart with a bat.

      --
      You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
    44. Re:Mindcrimes by Myopic · · Score: 1

      Yes I think that gay criminal would be prosecuted. You really don't think so? I think it would be pretty obvious.

    45. Re:Mindcrimes by Myopic · · Score: 1

      "They should not be charged for the fact that they are in group A and the other person is in group B."

      Honest question: do you say this because you think that hate-criminals are "charged for the fact that they are in group A and the other person is in group B", or do you say that as a straw man hoping to score a point in an online forum? If you mean what you say seriously, then I'll deign to explain it to you.

    46. Re:Mindcrimes by Myopic · · Score: 1

      "He did not justify his action on the basis that his roommate was gay."

      My understanding is that they demonstrated his bias in court to the unanimous satisfaction of a jury. Are you so well informed about the evidence that you want to critique it specifically?

    47. Re:Mindcrimes by V.+P.+Winterbuttocks · · Score: 1

      By all the evidence he was pranking his roommate because he'd been kicked out of his shared dormroom so that his roommate could have sex. The whole gay-bashing bit just happened to be a convenient way to prank his roommate.

      It's not at all like this has never happened where a straight roommate was spied on and humiliated by a roommate who wasn't happy with getting kicked out of his room.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
    48. Re:Mindcrimes by V.+P.+Winterbuttocks · · Score: 1

      Killing a cable car operator?? Seriously??

      That's actually very reasonable. If you kill someone who is operating machinery on which people are depending for their lives, it is quite resonable that you should be held accountable for endangering all of them too. If you shot the driver of a passing bus, do you really think you'd be charged with simple murder?

      --
      I'm the real Vorokrytin P. Winterbuttocks.
  8. "Bias Intimidation"?!? by elrous0 · · Score: 4, Insightful

    Yeah, he definitely was guilty of invasion of privacy and most certainly was an asshole of extraordinary magnitude. But am I the only one kind of creeped out by the idea that something as vague as "bias intimidation" can get you ten years in prison? I mean, what the hell even *is* that?

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:"Bias Intimidation"?!? by Hatta · · Score: 1

      Can I use "Bias Intimidation" against the bigoted drug warriors who threaten to throw me in jail for my lifestyle?

      --
      Give me Classic Slashdot or give me death!
    2. Re:"Bias Intimidation"?!? by Anonymous Coward · · Score: 0

      Check the New Jersey Statutes.

      They probably go into exhaustive detail to cover the legal particulars, the same as they do for "homicide" or "theft" or any other crime which you think is well understood, but actually covers a potential spectrum of behavior.

      Or check any legal statute at all, commonly, it'll spend the first section defining the words used in the rest of it.

      Believe it or not, they do have experience with the problem.

      Question the definition if you must, but don't pretend the phrasing isn't particular of meaning just on the surface of it.

    3. Re:"Bias Intimidation"?!? by seyyah · · Score: 1

      But am I the only one kind of creeped out by the idea that something as vague as "bias intimidation" can get you ten years in prison? I mean, what the hell even *is* that?

      Shouldn't you at least find out what "bias intimidation" is before you get creeped out by it? I bet you it has a non-vague definition in the laws of wherever the prosecution took place.

    4. Re:"Bias Intimidation"?!? by SirGarlon · · Score: 0

      the idea that something as vague as "bias intimidation" can get you ten years in prison? I mean, what the hell even *is* that?

      Anything that offends a jury of 12 bourgeois citizens. Be afraid.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    5. Re:"Bias Intimidation"?!? by bws111 · · Score: 3, Informative

      Bias intimidation is intimitading a group of people based on your bias. He didn't just post the video (which would just be an invasion of privacy), he posted text saying in effect 'look at these digusting people, gays deserve ridicule'. That is bias intimidation. The same thing is true of burning a cross in a black's front yard, or painting swastikas on synagogues. Those are not just simple acts of arson and vandalism, they are intended to send a message to all blacks and Jews that they better watch out. That is intimidation.

    6. Re:"Bias Intimidation"?!? by tmarsh86 · · Score: 1

      Read this and then get back to me and explain it in non-vague terms. http://nj-statute-info.com/getStatute.php?statute_id=1576

    7. Re:"Bias Intimidation"?!? by elrous0 · · Score: 1

      Bias intimidation is intimitading a group of people based on your bias.

      So if I yell insults at a group of fans of a rival basketball team, I'm committing a felony punishable by up to ten years in prison? Are you serious?!?

      Jersey is going to need a LOT more prisons.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    8. Re:"Bias Intimidation"?!? by Sebastopol · · Score: 2, Insightful

      "Targeting someone for a crime specifically because they are different than you" is a good place to start trying to understand. Its a new concept. America has a long history of segregation and punishing "different" people, so it makes sense that our culture largely doesn't get the "hate crime" concept yet. And I agree that with all laws there are fuzzy areas (hence: juries and appeals).

      Unfortunately a lot of people clearly understand hate crimes, they just get butt-hurt because they are guilty of them, and it is easier to bitch about a system that points out your flaws then it is to be humble and improve yourself. I'm still a racist. Not a flag burning hood wearing swastika racist, but I subconsciously judge people, and its something I've worked on for over 20 years. I'm not sure I'll ever see clear from my white privilege, but I realize I do have blindspots. I'm not beating myself up over it, just trying to see the world with less bias.

      --
      https://www.accountkiller.com/removal-requested
    9. Re:"Bias Intimidation"?!? by bws111 · · Score: 1

      Hate CRIMES. You must commit a CRIME with the intent of intimidation.

    10. Re:"Bias Intimidation"?!? by JesseMcDonald · · Score: 1

      "Targeting someone for a crime specifically because they are different than you" is a good place to start trying to understand.

      That's the easy part. Obviously some crimes are motivated by irrational biases. The "hate crime" label is a bit over the top, and far too emotionally charged to readily permit rational discussion, but few would deny the existence of crimes motivated by prejudice and xenophobia.

      What is difficult to understand is why "hate crimes" should be treated any differently than the exact same crimes committed for any other reason. The punishment should fit the crime, not the criminal's motivation.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    11. Re:"Bias Intimidation"?!? by Sebastopol · · Score: 1

      It is difficult, but motivation is already a big part of how our justice system works: manslaughter vs. premediated murder is the good example. I think the "hate crime" idea sends a clear message that we as a society think a crime is "worse" (big quotes there) if it is done out hatred of an entire race/orientation/religion of people. I've come to be support this idea.

      --
      https://www.accountkiller.com/removal-requested
    12. Re:"Bias Intimidation"?!? by StikyPad · · Score: 1

      First, having negative preconceptions doesn't make you a racist, it makes you a human being. Being a racist involves consciously fueling those negative models, or at least accepting them as valid, which is not what you claim to be doing (although maybe you do?). So no, you're not a racist.

      Second, that "America has a long history of segregation and punishing 'different' people" seems to be the very reason *why* we have hate crime laws, not because they are just (as in justice) laws. But we can't solve discrimination with more discrimination because now, not only do the people who are (irrationally) hated still exist, but they're now perceived to have the upper hand, which only adds fuel to the flame of hate.

    13. Re:"Bias Intimidation"?!? by misexistentialist · · Score: 0

      Your bias against yourself for having "white privilege" is racist. The period of 20 years demonstrates a pattern of persistent harassment and intentional causation of mental distress. Arrest yourself and throw away the key.

    14. Re:"Bias Intimidation"?!? by JesseMcDonald · · Score: 1

      It is difficult, but motivation is already a big part of how our justice system works: manslaughter vs. premediated murder is the good example.

      That's not so much a question of motivation as intent. In other words, the difference between manslaughter and murder isn't why you did it (the motivation), but whether you set out to kill someone in the first place.

      I think the "hate crime" idea sends a clear message that we as a society think a crime is "worse" (big quotes there) if it is done out hatred of an entire race/orientation/religion of people.

      I agree that "hate crime" laws send this message. However, I do not believe that the purpose of the law is to send messages. Moreover, I can't really bring myself to agree that the crime is somehow "better" or "worse" based on the offender's motivation. That seems inherently subjective, whereas the legitimacy of the law rests of its justice being apparent from all rational frames of reference.

      As I see it, the punishments prescribed by the law are only legitimate so long as they are proportional to the crime. A punishment which would not be proportional to a crime committed out of selfishness or passion does not suddenly become proportional when the same crime is committed due to prejudice. Attaching disproportionate punishments to crimes with specific motivations makes the law subjective, and undermines its legitimacy.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    15. Re:"Bias Intimidation"?!? by Anonymous Coward · · Score: 0

      a. Bias Intimidation. A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4 or N.J.S.2C:39-5,
      (1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity; or
      (2) knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, handicap, sexual orientation, or ethnicity; or
      (3) under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, handicap, sexual orientation, or ethnicity, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, handicap, sexual orientation, or ethnicity.

      Google - so you don't look stupid.

      In New Jersey, apparently, if you killed a Texan and imprint, "Texans suck" on his forehead with a wood burning kit, their law allows them to treat you worse than if you just killed the Texan. The board here is full of the "motivations are considered all the time in levels of crime, etc." versus "the motive of a killer is of no consequence, and we should treat a guy who killed a someone for being Texan and put his mutilated body up on his Facebook page, and wore shirts with a picture of the body, the same way we treat people who killed their spouse." (Because this is Slashdot, some will argue that the use of Facebook justifies a more severe sentence, but I hate flame wars.)

    16. Re:"Bias Intimidation"?!? by PeanutButterBreath · · Score: 1

      So if I yell insults at a group of fans of a rival basketball team, I'm committing a felony punishable by up to ten years in prison? Are you serious?!?

      No, because our society does not recognize fans of any basketball team as victims of a historic and conceivably ongoing system of discrimination.

    17. Re:"Bias Intimidation"?!? by muridae · · Score: 1

      No, because bias intimidation is not a crime, it is a mitigating factor that increases the punishment for a crime. Yelling at the rival team is not criminal, so bias intimidation would not come in to play. Now if you slugged one of them (battery) and then said you did it to show those other team's fans why they suck (multiplied by bias intimidation) then you would get to see how the law worked.

    18. Re:"Bias Intimidation"?!? by muridae · · Score: 1

      The punishment should fit the crime, not the criminal's motivation.

      I thought that was the purpose of hate crime laws. In this case, just video taping your roommate and posting it online or sending it to friends, just because you are a jackass, would be a crime deserving less than 10 years. I suspect it's probably a max sentence of 5 years. Doing it expressly because you don't agree with the roommate's choice in lifestyle is a different crime, in this case the law states a max of 10 years in prison for that. If I went and lit a bag of dog shit on fire in someone's yard: trespass and vandalism. If I went and lit a cross on fire in a black family's yard: trespass and vandalism with hate crime multiplier. Would you argue that, in such a case, both cases of trespass and vandalism are the same crime?

    19. Re:"Bias Intimidation"?!? by muridae · · Score: 1

      It is difficult, but motivation is already a big part of how our justice system works: manslaughter vs. premediated murder is the good example.

      That's not so much a question of motivation as intent. In other words, the difference between manslaughter and murder isn't why you did it (the motivation), but whether you set out to kill someone in the first place.

      The difference between Murder 1, Murder 2, and Murder 3 is motivation and mind set. Manslaughter is broken into 1st and 2nd degree, based on either recklessness or criminal negligence.

    20. Re:"Bias Intimidation"?!? by JesseMcDonald · · Score: 1

      Would you argue that, in such a case, both cases of trespass and vandalism are the same crime?

      Yes. By "crime" I specifically mean the criminal action, which is the same in both cases. Since we're discussing the legitimacy of the law itself, it would be circular to refer to the details of the criminal code. The legislature could declare that murder on a Tuesday is a different crime than murder on a Friday, but they remain the same action, and it's the action, not the written law, which defines the range of legitimate responses.

      If "the punishment should fit the crime" meant no more than "the punishment should be whatever the criminal code specifies", as you seem to be implying, then the expression would be pointless. The idea is that one's punishment should correspond to what one did. Among other things, that means that punishments should not be disproportionately amplified for the purpose of making a point or sending a message.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    21. Re:"Bias Intimidation"?!? by muridae · · Score: 1

      So both incidents I described would, as you see it, be best punished by similar sentences? The more targeted criminal action is not justly deserving of a harsher punishment?

    22. Re:"Bias Intimidation"?!? by stdarg · · Score: 1

      Ah so we're just throwing that whole "equal protection under the law" thing under the bus.

      What a country we live in, where your ancestors determine which laws apply to you.

    23. Re:"Bias Intimidation"?!? by ryanov · · Score: 1

      Show me examples of the law being applied willy-nilly first.

    24. Re:"Bias Intimidation"?!? by randyleepublic · · Score: 1

      What is "intimidating" about saying that you find some people disgusting and that they deserve ridicule? That is not a threat of violence, and is not an act of vandalism such as the examples you try to sneak in the back door. I find many people disgusting and ridicule them mercilessly. Now I'm guilty of bias intimidation for ridiculing people who pick their nose in public?

      --
      Social Credit would solve everything...
    25. Re:"Bias Intimidation"?!? by Sebastopol · · Score: 1

      "the difference between manslaughter and murder isn't why you did it (the motivation), but whether you set out to kill someone in the first place."

      I don't follow how there is a difference between those statements.

      --
      https://www.accountkiller.com/removal-requested
    26. Re:"Bias Intimidation"?!? by Sebastopol · · Score: 1

      Actually, nevermind, I follow.

      But as the below poster stated, motivation has always been part of the penal system.

      --
      https://www.accountkiller.com/removal-requested
    27. Re:"Bias Intimidation"?!? by V.+P.+Winterbuttocks · · Score: 1

      Of course it has: Motivation is an easy way to show that you intended (planned) to do it. If you have a motive, then the case can be made that you planned it. However, what motivated you to plan it is completely irrelevant: the pertinent fact is, something motivated you to plan it.

      The difference between motive and intent is simple: Motive is why you killed them. Intent is whether you planned it. People do stupid things rashly with completely stupid motives, but premeditating a murder requires a psychopathic denial of the humanity of the victim so as to ultimately condition yourself to execute your plan. Society considers this to be much worse than a rash action which resulted in someone's death.

      Other than to show intent, the motive itself is irrelevant. Intent is the only thing that matters.

      --
      I'm the real Vorokrytin P. Winterbuttocks.
  9. shortcut to New Yorker article... by Anonymous Coward · · Score: 0

    Here's the story from the New Yorker... Turns out according to this more detailed profile that a lot of what we were told initially about this case was oversimplified or just not true.

    1. Re:shortcut to New Yorker article... by project5117 · · Score: 3, Interesting

      I think that the anon above may have wanted to link this story address rather than the response to the story which was linked above (though that was also interesting).

      Thanks much at any rate for bringing our attention to the New Yorker; their writing is pretty well rounded, and the 14 page article is a bit longer than the other news treatments I've seen about the situation.

  10. Finally!! by Anonymous Coward · · Score: 0

    A "coloured" person is being charged with a "hate-crime" against a white person. Oh wait, it's a GAY white person.

    Being GAY totally negates that he's white, so the "hate-crimes" against whites can, and will, still carry on...

  11. Facebook status updated by K.+S.+Kyosuke · · Score: 1
    From TFA:

    "Clementi killed himself the next day, using his cellphone to post one final message on his Facebook page: “Jumping off the gw bridge, sorry.”

    That's it. It's official now. Facebook status updates have now become an equal partner of sex drive and survival instinct in our brains and from now on, they are going to be handled autonomously by lower brain functions in every life (or death) situation you will encounter. Unless you have no Facebook account, in which case you can use plain old shouting.

    --
    Ezekiel 23:20
  12. Information should be free. by Anonymous Coward · · Score: 0

    This guys' twitter amounts to information, and he is being punished for it? Bullying or not these rulings penalize him for basically having an opinion and expressing it. I some people have more equal rights than others.

  13. You are nuts. by mosb1000 · · Score: 1

    This result is in no way proportional to the crime. And you are a nut for thinking it is, and for implying that you hope he gets raped in prison.

    We now live in a world where you can get 10 years on prison for spying on your roommate with a webcam thanks like idiots like you who can't be bothered to take 10 seconds to look at a situation rationally.

    1. Re:You are nuts. by ClioCJS · · Score: 1
      I'm in your bedroom. I'll be filming you having sex. It's going to go on the internet where everyone can see it. I'll talk to your friends and try to intimidate them to make false statements to the police.

      Yeah. That's not what "spying" is. Spying would be viewing the video in private. Posting it and witness intimidation are two different things, asshole.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    2. Re:You are nuts. by mosb1000 · · Score: 1

      If you look up the details of the case, you will see that only he and his girlfriend viewed the live video chat session. And he didn't intimidate his girlfriend into making a false statement, but he texted her about it while she was talking to the police. And he tweeted that he'd witnessed his roommate having sex with a guy. This is what I mean when I say you couldn't be bothered to consider the actual events. You have no clue what you're talking about, and you don't really seem to care.

      Even if what what you'd said we're true, it's not the kind of thing that should be able to send you to prison.

    3. Re:You are nuts. by glodime · · Score: 1

      You seemed to miss the fact that the result is still undetermined.

      He was found guilty of invasion of privacy, bias intimidation and tampering with evidence and witnesses.

      He was not charged with contributing to the suicide of Mr. Clementi.

    4. Re:You are nuts. by mosb1000 · · Score: 1

      The crime of bias intimidation carries a sentence up to 10 years.

    5. Re:You are nuts. by glodime · · Score: 1

      What is the minimum?

      The sentence hasn't been determined yet. It may be informed by his tampering with evidence and witnesses.

  14. He's clearly a scapegoat by StoutFiles · · Score: 1

    They just don't want this bullying to continue and are making an extreme example of him. It's national news so the punishment has to be harsh. However, even though what he did was horrible, a punishment shouldn't be completely decided on what the victim does after the fact. If I call someone a moron, and then they go shoot up a school, am I liable for that because of my "hate crime" and do I get punished according to what the victim does? I think this case will set a new precedent on what you can be punished for.

    1. Re:He's clearly a scapegoat by Anonymous Coward · · Score: 0

      So if I tell you to kill the president of UAE (lol) else I kill your , and you do it then I'm only guilty of threatning a person not the crimes I induced you to commit? We choose to punish indirect consequence for a reason.

  15. cause of suicide? by Crispy+Critters · · Score: 1
    "another person felt so bad about having his private live revealed that he killed himself"

    Did he? There is no evidence of this at all. The suicide note was apparently deemed to be not relevant to the case and was never made public. It isn't justice to assume that the suicide was caused by the webcam and then judge Ravi based on it. It was reported that Tyler's coming out caused some extreme conflict with some of his close family members. Can we say definitively which thing caused the suicide?

  16. Bias towards minority in jury trials by Anonymous Coward · · Score: 0

    Why is it that every Asian/Indian that I see put in front of a jury gets the book thrown at them?

    There was a Vietnamese guy who rear-ended another car and someone died and he was given over 20 years in prison. He was sober, his only fault was that he reacted a fraction of a second late on a nasty traffic situation.

    1. Re:Bias towards minority in jury trials by doston · · Score: 1

      Why is it that every Asian/Indian that I see put in front of a jury gets the book thrown at them?

      There was a Vietnamese guy who rear-ended another car and someone died and he was given over 20 years in prison. He was sober, his only fault was that he reacted a fraction of a second late on a nasty traffic situation.

      Uh, actually the dumbass was offered a very light plea bargain and would have only had community service, but the genius decided to plead 'not guilty', which forced a jury trial that he lost. Where's the minority bias there? He could just be cleaning up after old people for a year instead of possible jail time and deportation. Here's my question to you...why do people come to this country from other countries and break the law, then whine when they "get the book thrown at them"?

    2. Re:Bias towards minority in jury trials by Hatta · · Score: 2

      Rear ending any vehicle ever means that you were following too close. That's entirely under your control, and you deserve the consequences for whatever happens. Back the fuck off.

      --
      Give me Classic Slashdot or give me death!
    3. Re:Bias towards minority in jury trials by Anonymous Coward · · Score: 0

      He plead "not guilty" because (a) would have required him to admit to bias, i.e. hate crime, and his crime (if one was committed) had nothing to do with hatred of gays; (b) would have likely resulted in deportation; oooh yeah... they offered to help him with that; how fucking kind of them. I'd sooner trust sharks.

  17. Crimethink by mosb1000 · · Score: 1

    The word you are looking for is cimethink. The problem with trying to point out what you are trying to point out is that the people you are arguing with are proficient at doublethink, so they can agree with everything you say in one situation, and disagree with it in another.

    What a lot of people don't get is that many people have read 1984 and taken it to be a model for how the world should work.

    1. Re:Crimethink by XxtraLarGe · · Score: 1

      The word you are looking for is cimethink.

      Methinks you meant thoughtcrime. ;-) In any case, I was originally going to title my post "Operation: Mindcrime" after the Queesryche album of the same name. I figured most people here would know what I meant.

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
  18. So if a Wife spies on her cheating husband? by cpu6502 · · Score: 0

    Can she also be charged & punished for videocamming his activities in the bedroom with his adultress? Invading his privacy?

    --
    My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    1. Re:So if a Wife spies on her cheating husband? by Anonymous Coward · · Score: 0

      Can she also be charged & punished for videocamming his activities in the bedroom with his adultress? Invading his privacy?

      Where I live: yes.

      Also, there would be no point in her filming the adultery, since there is no concept of "guilt" in divorce cases over here.

    2. Re:So if a Wife spies on her cheating husband? by Anonymous Coward · · Score: 0

      Hopefully, yes :)

    3. Re:So if a Wife spies on her cheating husband? by Anonymous Coward · · Score: 0

      Uh, well, yeah. Two wrongs don't make a right.

    4. Re:So if a Wife spies on her cheating husband? by Anonymous Coward · · Score: 0

      What the others said. Anyways, it's not a fair comparison. The dead roommate didn't vow for better or for worse with the defendant.

  19. Why is this on Slashdot? by jellomizer · · Score: 0

    I can see why it is on the news. But a Tech Site like Slashdot? Are we going to consider every crime that uses a Computer as a tech crime now?
    Just like how an Online Pet Supply store was considered a Tech company during the mid 90's

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:Why is this on Slashdot? by Anonymous Coward · · Score: 0

      To be fair, we covered the case when he was first arrested. Following it through to its conclusion is logical.

    2. Re:Why is this on Slashdot? by readin · · Score: 3, Informative

      I can see why it is on the news. But a Tech Site like Slashdot?

      Even nerds have to worry about living in police state where you can be thrown in jail for ten years for
      1. Thought crimes
      2. Other people's actions (when they decide on their own to commit suicide)
      3. Committing an offense that would be normally be consider not too serious but becomes serious when committed against special protected classes (I believe there are precedents for this in castes laws in India and in Celtic laws where punishments were based on the social status of the victim and the criminal).

      Given that nerds often have thoughts outside the norm, often have trouble anticipating the behavior of more normal people, and often find ourselves at the bottom of social status, such a system is very troubling for us.

      --
      I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
    3. Re:Why is this on Slashdot? by Hentes · · Score: 1

      On the contrary, one article was already more than enough of it.

    4. Re:Why is this on Slashdot? by PRMan · · Score: 1

      Given that nerds often have thoughts outside the norm, often have trouble anticipating the behavior of more normal people, and often find ourselves at the bottom of social status, such a system is very troubling for us.

      Mod this Insightful

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    5. Re:Why is this on Slashdot? by thesandtiger · · Score: 1

      1. It's not a thought crime. Ravi actually did something, he didn't just think about it. He actually invaded another man's privacy and he actually publicly humiliated that man because of what he saw during said invasion. Further, he attempted to get other individuals to lie to police during the investigation. Not thought crimes.

      2. Ravi was not charged with any category of homicide. He was charged with bias intimidation and invasion of privacy as well as witness tampering. The suicide brought attention to the crimes, yes, but he was not charged with homicide.

      3. "Gay" is not a "special protected class. Anyone of any sexual orientation is a "special protected class" if they are being targeted for harm because of their sexual orientation, period.

      It's weird that you find someone being punished for invading another person's privacy, attempting to intimidate and harass that person due to what was seen during that invasion, and then to later attempt to thwart investigation into the crimes - unless, are you saying you think it would be perfectly all right for someone to do those things to you and your loved ones? A strange POV for slashdot, but then again, you do say you have thoughts outside the norm so maybe you're special.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    6. Re:Why is this on Slashdot? by Anonymous Coward · · Score: 0

      This case is another good example (the rather similar Megan Meier/Lori Drew was another) of the ethics of the Internet, which are similar in type but different in scale from the bullying situations of 30 years ago.

      In the pre-Internet era, one could reasonably flee a hostile environment by packing up and leaving for a distant city. These days, not so much.

    7. Re:Why is this on Slashdot? by readin · · Score: 1

      1. It's not a thought crime. Ravi actually did something, he didn't just think about it. He actually invaded another man's privacy and he actually publicly humiliated that man because of what he saw during said invasion. Further, he attempted to get other individuals to lie to police during the investigation. Not thought crimes.

      2. Ravi was not charged with any category of homicide. He was charged with bias intimidation and invasion of privacy as well as witness tampering. The suicide brought attention to the crimes, yes, but he was not charged with homicide.

      3. "Gay" is not a "special protected class. Anyone of any sexual orientation is a "special protected class" if they are being targeted for harm because of their sexual orientation, period.

      It's weird that you find someone being punished for invading another person's privacy, attempting to intimidate and harass that person due to what was seen during that invasion, and then to later attempt to thwart investigation into the crimes - unless, are you saying you think it would be perfectly all right for someone to do those things to you and your loved ones? A strange POV for slashdot, but then again, you do say you have thoughts outside the norm so maybe you're special.

      I don't object to the guy being punished, I object to the cruel and unusual punishment of 10 years in prison for some minor offenses. You dispute each of the points for which I say Ravi is being punished, but if it weren't for his thoughts, the decision of Clementi to murder himself, and the fact the Clementi was gay, would Ravi be facing 10 years? He would be facing maybe a year. So he's facing 9 of those years for thought crime, another person's decision, and for the social status of the victim.

      --
      I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
    8. Re:Why is this on Slashdot? by thesandtiger · · Score: 1

      He isn't getting 10 years for certain, he can get UP TO 10 years. And he had a fine opportunity to plea bargain and receive basically probation and help dealing with immigration so he wouldn't be deported. Instead, he chose to go to court and risk conviction and a harsher sentence.

      And again you say he was tried and convicted for his thoughts. Again, you are wrong. He could have thought anything at all and, had his actions not shown what he was thinking, he wouldn't have had any legal problems at all. There are many, many, many people in the US who absolutely hate gay people and who would love to see gay people suffer, but because they do not act on those thoughts there is no crime.

      Ravi, however, chose to have a cam on the guy (invasion of privacy), then made public statements about it, directly referencing the sexual orientation of the guy (providing some evidence for the hate crime addition), and then threatened to do it again with even more exposure, before deciding to call that part off. He then, when the shit hit the fan and the guy committed suicide, tried to tamper with the witnesses in the investigation (really bad idea!) and get them to lie.

      Had Ravi simply hated gay people but not invaded the guy's privacy, threatened to do it again in a public forum (and made it clear he was threatening to do it because the guy was gay), and then tampered with the witnesses in the case, he would not have ANY of these problems. His thoughts were not the issue - it's that he had the thoughts, ACTED ON THEM IN NUMEROUS WAYS, and then made it clear that his thoughts on gay people were why he took those actions.

      You ask if any of this wouldn't have happened if Ravi hadn't had his thoughts, if Clementi hadn't committed suicide, or if Clementi wasn't gay and all I can say is:

      If Ravi hadn't had his thoughts he wouldn't have invaded another man's privacy, done bias intimidation via threatening to broadcast the next encounter, and then engaged in witness tampering after the investigation started to look at what had happened prior to the suicide. So, again, if Ravi had not committed multiple felonies (that sprung from his thoughts), probably he would not be facing possibly years in prison.

      Clementi might have killed himself anyway - but if that had happened, and then investigators looking into the circumstances had discovered nothing about Ravi, because Ravi hadn't done the things he did, then again, no, he wouldn't be facing prison because he wouldn't have committed multiple felonies.

      However, let me put something else out there:
      Let's say Ravi tweeted about how he doesn't like his gay roommate and then the guy killed himself. Let's say Ravi didn't invade the man's privacy and then threaten a further invasion because of the man's sexual orientation. Let's say that because he didn't do anything of the sort he also didn't feel compelled to tamper with witnesses or otherwise hinder the investigation. Would he still be facing prison? Answer: Hell no. Because he wouldn't have committed any of the felonies that in reality he did.

      You keep on saying "thought crime!" but I don't think you understand what a thought crime is. So let me explain it: It is literally thinking thoughts that, in and of themselves, with no need for action taken, are sufficient reason in a system to imprison someone.

      Ravi committed multiple felonies that required ACTIONS. The sentences for those felonies were enhanced because of his motivation (thoughts) for committing them, but he was NOT punished solely for his thoughts.

      If Ravi had taken responsibility for what he DID (regardless of what he THOUGHT), he would have been given probation. If Ravi had only THOUGHT what he thought but hadn't DONE what he DID, he wouldn't have even had probation because it wouldn't be a crime. But instead he allowed his THOUGHTS to guide his ACTIONS, then made it very, very clear (at least to 12 jurors) that he would not have DONE the things he DID without THINKING the THOUGHTS he had, and they convicted him.

      Ravi nee

      --
      Since I can't tell them apart, I treat all ACs as the same person.
  20. The chances you take by the actions you take by ndykman · · Score: 3, Informative

    Firstly, he can be sentenced up to ten years. Sentencing hasn't occurred yet. In fact, the article notes the time spent will likely be less because of the nature of his background and lack of criminal history.

    Also, he was offered a plea deal that included no prison time. By, rejecting this deal, he decided to take his case to the jury and accepted the chance of a harsher sentence if found guilty on the charges.

    As for the motivated by bias factor that made him guilty of a hate crime, certainly, these laws are controversial and this case may lead to their re-examination.

    But, it is the law of the state he was in, he was found guilty of violating it. If the jury thought he violated the law, then good for them for putting aside their personal objections to it and doing what is required of them.

    If you don't like these kinds of laws, you lobby to change it. Via the courts or legislation. Maybe this case will be a basis for challenging the law in this state, for example.

    All in all, this seems very simple. Don't spy on people. Don't violate their privacy. There are consequences for such actions, and those may be legal in nature.

    1. Re:The chances you take by the actions you take by glodime · · Score: 1

      You seem to be discounting the possibility of jury nullification.

    2. Re:The chances you take by the actions you take by stdarg · · Score: 1

      All in all, this seems very simple. Don't spy on people. Don't violate their privacy. There are consequences for such actions, and those may be legal in nature.

      I can't wait to see what charges are filed against the 30 year old sex partner who wasn't even a student. Surely he invaded Ravi's privacy by having sex in his dorm room and tampering with Ravi's personal property? (E.g. the roommate and his sex partner turned off Ravi's computer when they were aware that it had a webcam.)

  21. other charges? by Anonymous Coward · · Score: 0

    non violent 'hate crime' aside, i read something about some of the other charges being tampering with evidence, obstruction, and witness tampering? no details were given, but i find those to be more serious charges and worthy of deportation if its not just a da trumping up any charge they can

  22. Bias hatred, biased punishment by Anonymous Coward · · Score: 0

    For the crime of intruding on another person's privacy, Ravi certainly should be punished. And it is tragic that the victim in this case took his own life.

    But if hatred was the driver behind the suicide, it certainly wasn't Ravi's hatred alone. Yet because he was caught out in a separate crime, he is facing the punishment.

    Hatred and prejudice are social evils. Invasion of privacy is an individual crime. Ravi should be punished for what he has done, not for being a symptom of a wider problem.

  23. Re:Why is this a crime? by Anonymous Coward · · Score: 0

    Well, there was that whole "involuntary sex tape" thing. Or should everyone who likes sex be just fine with having all of the public watching them have sex?

  24. What if!!!! by Anonymous Coward · · Score: 0

    What if that wasn't even the reason he killed himself... Usually when people kill themselves theres more than one reason, and to kill yourself just because of a stupid prank is petty and selfish... Don't you think that death could have been avoided by... say... moving across town?!?! It irks me that you can get 10 years in prison for setting up a webcam if you have a roommate. Why didn't he just go to the 32 y/o's house? or was he still living with his mother!!

  25. I smell hypocrisy by Anonymous Coward · · Score: 0

    Would all of you racist clods feel the same if this was a white christian kid who did this?
    How about a black woman?

    1. Re:I smell hypocrisy by Stargoat · · Score: 1

      You shouldn't have posted this anonymously. I did not consider this until now. It's a viewpoint that should be more widely shared.

      --
      Hoist Number One and Number Six.
  26. Re:Why is this a crime? by Anonymous Coward · · Score: 0

    He had a webcam in his own room, right? I think they are just trying to make an example out of him because he's foreign.

  27. Well he got a jury trial instead of a plea bargain by cvtan · · Score: 0

    So much for asking for a jury trial so you can crash the justice system.

    --
    Sorry, but gray text on gray background is making my eyes bleed.
  28. Pure B.S. by Anonymous Coward · · Score: 0, Interesting

    I have nothing against gay people (in fact I have good friends who are gay). But this is pure B.S. If the gay dude didn't kill himself the whole thing would've just been a typical episode of a stupid college prank that happens everyday across America.

    On a related note, I suspect the race/nationality of the "bully" and the "victim" also factored in the conviction. Imagine the roles were reversed... Well, you don't even need to imagine. There is an actual case where one guy literally beat the other to death with a baseball bat, and walked free with three years probation and a $3,000 fine + $780 court costs.

    http://en.wikipedia.org/wiki/Death_of_Vincent_Chin

    There is NO justice in this country.

  29. What would you do? by erroneus · · Score: 1

    Consider what happened before this all occurred. A room mate has managed to make another room mate very uncomfortable with his conduct. Ravi may or may not have had to personally witness the act or acts the other room mate conducted with his boyfriend but the mere knowledge of the acts and quite probably other evidence of the acts (such as smells, refuse, stains, disarray) remained in the room. While I'm "okay" with the concept of other people, even my sons being gay, I'm not really okay with it in my presence or within my space... shared or not.

    What I wouldn't do is take pictures or video of the acts... that's probably more than I care to see. This would preclude any use of such recorded material for the purpose of "returning the discomfort" to the originator. But I'm guessing that Ravi felt that he was doing precisely that -- returning the discomfort by using his own acts against him.

    Increasingly, we are seeing more and more people taking the blame for the reaction of others. This is a dangerous and slippery slope. I have recently made the argument that the guy who plea bargained with Canadian prosecution on a false charge of child pornography in the form of manga did so as a direct result of almost two years of constant fear and intimidation by the Canadian prosecution. Can he then use this as an argument that the plea is invalid because he was under duress? By the standards of "Party B killed himself after being bullied by Party A, so Party A should be punished with jail time" then it stands to reason that there is room for misconduct on the part the prosecution which leads to bad decision making by the defendant. This idea, of course, ties the hands of the prosecution to the point that they couldn't do their job at all for fear of losing every single case based on such a notion. After all, there are plenty of things the other party could have done other than kill himself but the argument is that emotional distress lead to him making a bad choice.

    1. Re:What would you do? by Anonymous Coward · · Score: 0

      > A room mate has managed to make another room mate very uncomfortable
      > Increasingly, we are seeing more and more people taking the blame for the reaction of others

      Those two are contradictory. I completely agree with the second -- people are responsible for their own actions. However, you are excusing Ravi's reaction, as though the gay roommate FORCED Ravi to feel uncomfortable. Nothing forced Ravi to feel any way -- Ravi is responsible for his own reaction.

    2. Re:What would you do? by Anonymous Coward · · Score: 0

      I agree with your sentiment, but disagree with your example. The fellow in visiting Canada with animated 18 year old girls in sexual situations violated a law in Canada stating that ANYTHING featuring 18 year olds in sexual situations is child pornography.

      He had material featuring 18 year old girls in sexual situations
      He was in Canada when this is discovered
      Therefore he was charged under Canadian law for possessing child pornography.

      Is is the visitors responsibility to assure that they are not carrying contraband into the country they are visiting. A Rastafarian visiting the united states from Jamaica will note that cannabis is not legal in the United States and not take that onto the plane. A Muslim coming from Afghanistan cannot celebrate the new year by firing an AK-47 into the air; by the same token this individual should have noted 'humm my collection of manga is actually illegal in Canada; I should copy that onto a thumbdrive and leave it at home'.

      Now could the Canadian government have handled this better- sure; Confiscate and destroy laptop, put his name on some 'not allowed here; pedophile' list, and send him back to the US on his own dime (telling US authorities what crime he committed in Canada; since it's not a crime in the US, they likely would just laugh at him and let him on his way); much cheaper for the Canadian legal system and government, the US legal system and government, and this individual.

    3. Re:What would you do? by Cazekiel · · Score: 1

      I agree that he had every right to tell Tyler he wasn't comfortable in his bringing someone he didn't know into their shared space for sex. Most definitely. And he should've SAID so, in a polite way. I highly doubt Tyler barged into the room and said, "HEY I'm gonna have sex with someone and there's nothing you can do about it." He asked, Ravi said yes then betrayed his trust in the most disgusting way possible. There are serious flaws in your take on this, to me, at least.

      And do you think straight-sex doesn't come with odd smells and stains? Maybe it's more 'acceptable' for a guy and girl to do the deed in our underdeveloped, get-with-the-times!society, but it's a double-standard. Still, Ravi had all rights to say "dude, not comfortable" and if he wasn't homophobic but simply that--uncomfortable--then I would've taken his side if Tyler had cried "homophobia!" over valid concerns. They shared space; Ravi had every right to oppose Tyler's bringing someone he didn't know into their dorm room. But he didn't do that. He chose cruelty over thought and reason, over his treating a fellow human being with dignity and respect for his life-choices. The fact that people can't grasp that he broke laws and earned the punishments they afford (witness intimidation? Yea, he's really repenting, isn't he?_ is astounding to me.

      --
      You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
    4. Re:What would you do? by erroneus · · Score: 1

      1. I know about smells and stains. It is irrelevant that it's the result of gay or not.
      2. The very topic of gayness is incredibly taboo to talk about and culturally it is quite possible that he simply can't bring himself to talk about it.

      What I wrote is not an attempt to forgive or excuse Ravi's behavior. It is, however, an attempt to see it through other eyes to understand motives that would otherwise be considered evil and hateful... especially hateful. There are reasons other than "hate" for people to do "mean things."

    5. Re:What would you do? by Cazekiel · · Score: 1

      In ways, I agree. I don't honestly believe Ravi's a raging homophobe, but what comes *out* of homophobic reactions/actions happened in this case. Another situation, one perhaps that is more extreme, is handing out a murder conviction to a drunk driver who killed another innocent person. 'Murder' is a strong word, especially when you consider that the one labeled as a murderer just went out for a fun night with friends, had bad judgment, got behind the wheel and POOF, someone's dead. Even if it was their first time, they'd at least get vehicular manslaughter... but the murder charge can happen too, depending on the situation/severity. Either way, someone was killed due to someone's negligence and ignorance, and to say they were murdered fits.

      So apply it to THIS case: Ravi exploited and humiliated a gay man for doing gay things in a terrible--and imho, unforgivable, way. He's shown no real remorse, when since this is so public and striking, he OWES that very public a glimpse of remorse if he does, in fact, feel it. Is that selfish of me? Perhaps. But this is a case that hit me hard. When my coworker told me about it, I literally started crying, right there at the bain marie at work. It's something that, to me, is awful, and I can't excuse it. I DO see it as a brand of hate, as I highly doubt Ravi would've been so eager to film it if Tyler had a girl over instead. And even if he HAD, no one would've said "ew gross!", but "Aw yea!" and that ilk. Just his expressing his disgust at Tyler's actions give it a hateful-flavor, I'm sorry. That's how I see it. We can differ in opinions on that, I suppose.

      And you were the one to bring up smells and stains, not me. It's not as if shooing out a dorm-roomie to get some with your guy or girl is an anomaly. It happens a million times a day on every campus in the world. It's something that's been accepted as college-life behavior, and is usually accommodated pleasantly by the roomie saying they'll take off and let 'em have at it. Tyler should have been afforded that same respect.

      --
      You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
  30. Deportation is not an fit "punishment" by rsborg · · Score: 4, Insightful

    If I have a choice, I don't want him in my country.

    You know, this isn't just your country. If I had a choice, I would reject plenty of folks from my country. Your judgement about deportation being a punishment should be weighed on every crime.

    This kid did something stupid and he might get deported to a country he didn't grow up in, and might not know at all. Other kids do stupid stuff like this all the time (even resulting in injury or death), and if they get punished at all, don't get sent to an effectively unknown country.. maybe they spend some time doing rehabilitation or restitution, or perhaps some incarceration (very unlikely 10 years).

    --
    Make sure everyone's vote counts: Verified Voting
    1. Re:Deportation is not an fit "punishment" by jamesoutlaw · · Score: 2, Insightful

      He's not a "kid", he's an adult, an irresponsible idiot of an adult, but still an adult. Since he's not a citizen, it''s fully justifiable to deport him for being convicted of a crime. The USA is not the only country that deports foreigners when they commit a crime.

    2. Re:Deportation is not an fit "punishment" by interkin3tic · · Score: 1

      Some perspective though: we deport people for much stupider reasons than that IE "stealing" jobs no one here wanted anyway. We're assholes.

    3. Re:Deportation is not an fit "punishment" by misexistentialist · · Score: 1

      If he's not legally considered responsible enough to buy a beer he is kind of a kid. And since the USA has a policy of not deporting alien trespassers who commit employment fraud, deporting him for screwing with his roommate's mind seems a little unjustifiable.

    4. Re:Deportation is not an fit "punishment" by mcgrew · · Score: 1

      He's not a "kid", he's an adult

      I don't agree at all, kid. If you're still in school, you're a kid. Hell, if I had sex with a 30 year old woman I'd feel like a pedophile.

    5. Re:Deportation is not an fit "punishment" by Hatta · · Score: 1

      You know, this isn't just your country. If I had a choice, I would reject plenty of folks from my country.

      Those who think 10 years in prison is an acceptable punishment for adults engaged in name calling should be first to go.

      --
      Give me Classic Slashdot or give me death!
    6. Re:Deportation is not an fit "punishment" by Githaron · · Score: 1

      It is not because they are "stealing" jobs. It is because they are here illegally. If people want to live in the United States, they need to come legally.

    7. Re:Deportation is not an fit "punishment" by muridae · · Score: 1

      You know, this isn't just your country. If I had a choice, I would reject plenty of folks from my country.

      Those who think 10 years in prison is an acceptable punishment for adults engaged in name calling should be first to go.

      Those who think that a 10 year max for video invasion of privacy can follow them, alright? Or would you mind if I came to your house and planted some video cameras around?

    8. Re:Deportation is not an fit "punishment" by Hatta · · Score: 1

      I would mind, but I wouldn't lock you in a cage for a decade. Get some fucking perspective.

      --
      Give me Classic Slashdot or give me death!
    9. Re:Deportation is not an fit "punishment" by Anonymous Coward · · Score: 0

      He's an asshole, of course an asshole doesn't deserve to be deported, until you have to live in the same room as him. Come on, he didn't directly cause the death of his roommate, but he definitely contributed to it, that's why he's charged with so many things except for direct responsibility. Try reading between the lines. He is a very bad man.

  31. MORAL OF THIS IS ALWAYS POST ANONYMOUSLY !! by Anonymous Coward · · Score: 0

    If you commit the crime and don't want to do the time, post your handywork anonymously.

    Besides, with a name like his he didn't stand a chance.

    I mean, what self-respecting american jury would not convict a Ravi Ramenghadenmeyerski?

  32. Stupid sick bullying and invasion of privacy by austinhook · · Score: 1

    What Ravi did was a mean prank. Sharing it as he did was even worse. But worse and sicker than anything he did is the kind of revenge that the US legal system is prepared to inflict However if the sentence is reasonable, given the circumstances, then the result will be justice done fair and square. We are a bit over hyped by focusing on the maximum possible sentence, before sentence is given. Patience everyone!

  33. ARE YOU SOME KIND OF BIGOT OR WHAT? by Anonymous Coward · · Score: 0

    So, again, outside of the privacy violation, did he also commit some crime by not being accustomed to, and indifferent of homosexuality? Should he serve a prison sentence because he thought two guys kissing is strange/not what he's used to seeing?

    The motivation of the invasion of privacy is BECAUSE the victim was gay. Hence, it is a big deal because it makes Ravi's crime a hate crime.

    1. Re:ARE YOU SOME KIND OF BIGOT OR WHAT? by stevegee58 · · Score: 1

      Uh oh. Caps lock time.

    2. Re:ARE YOU SOME KIND OF BIGOT OR WHAT? by ichthus · · Score: 0

      You don't know that. Was it hatred? Or, was it possibly unfamiliarity?

      --
      sig: sauer
  34. I hope he marries a cute little girl in india by Anonymous Coward · · Score: 0

    I hope he marries a cute little girl in india and creates a movement that ENDs democracy (women + faggotmen rule) in that country and kicks out all English and English-decendant forces and becomes a permanent enemy of all "GOOOOOOD" people (women and men who support women's rights and gay "rights" and are opposed to men and men marrying young girls).

    1. Re:I hope he marries a cute little girl in india by Anonymous Coward · · Score: 0

      Once he gets deported, he should feel completely at home. In India, they don't have the concept of privacy either, so what he did, while criminal in the US, will be perfectly legal there).

      What sort of an idiot was he - rejecting a plea deal that would have helped him on his immigration status? Unless he didn't mind being deported?

      Also, child marriage is illegal in India, although some people do illegally marry off their teen daughters.

  35. Bias Intimidation - Bad Law by Anonymous Coward · · Score: 0

    Read carefully,

    Bias Intimidation. A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense......(1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity; or (2) knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, handicap, sexual orientation, or ethnicity; or (3) under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, handicap, sexual orientation, or ethnicity, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, handicap, sexual orientation, or ethnicity.

    You could serve 10 years in prison on account of an intrusive come-on at the local bar. Biased by "sex", you make a pass at a chic. She feels that you touched her inappropriately (was that hand 'on my shoulder' or 'near my breast'). Since you are over 6 ft tall and she is 5' 3", she feels intimidated. Allegation of inappropriate contact, indication of 'intimidation' - 10 years, buddy. NJ prisons are going to get very, very crowded.

    Bad law.

  36. Hate crime? by Anonymous Coward · · Score: 0

    That can't be, he's the wrong colour!

    1. Re:Hate crime? by Anonymous Coward · · Score: 0

      That can't be, he's the wrong colour!

      Ha are you kidding? Nobody hates gays like brown people. Period.

  37. LOL by DarthVain · · Score: 1

    "...filming your parents together..."

    I love how at this point in the conversion you have already started playing the odds in who might actually be more realistic to be caught having sex...

    1. Re:LOL by crgrace · · Score: 1

      I love how at this point in the conversion you have already started playing the odds in who might actually be more realistic to be caught having sex...

      After I read the bit about "jack-booted airport security gauntlet" I figured I was dealing with a 14-year-old boy.

    2. Re:LOL by g8oz · · Score: 1

      If you think that scenes like the TSA screaming at you at O'Hare for not moving quickly enough(*) do not justify hyperbolic descriptions then I'm afraid you haven't traveled enough internationally or just have low expectations for your country.

      Invasion of Privacy
      Criminalize college immaturity and you'll find half the engineering students in the docket.

      Witness tampering
      You got me there. Then again it shouldn't have even got to that point.

      * Maybe you've had a nicer experience. Many of the rest of us haven't.

  38. Re:"Bias Intimidation"?!? It's a Bad Law by Anonymous Coward · · Score: 0

    Sorry, read the law. It is ridiculously vague. IMHO, if applied it will more than double current prison population. Consider how it will crop up wherever there is a difference between the ethnicity, color, gender, religion, etc of the two parties if the 'victim' expresses a feeling of intimidation - or if the State assumes so based on its belief that the offender was in a frame of thought that he was "knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated". Since even minor violence is almost always "intimidating" and intended to be so by the perpetrator, unless the victim is an 'unprotected' class (white straight male, etc), then the victim can make this claim.

    a. Bias Intimidation. A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4 or N.J.S.2C:39-5,
    (1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity; or (2) knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, handicap, sexual orientation, or ethnicity; or (3) under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, handicap, sexual orientation, or ethnicity, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, handicap, sexual orientation, or ethnicity.

  39. Bullshit by Anonymous Coward · · Score: 0

    All these comments defending Ravi,
    If his roomate had been a hot girl, you'd all be asking for the Death Sentence,
    Throw his ass in jail for 10 years then deport him.

    1. Re:Bullshit by Anonymous Coward · · Score: 0

      If his roomate had been a hot girl, you'd all be asking for the Death Sentence

      I don't think so. Everyone here in /. will be asking for video torrent download.

  40. Truly just deserts by Anonymous Coward · · Score: 0

    Ravi obviously hated his gay roommate. Now he's going to have to learn to control his own gag reflex.

  41. do i by Anonymous Coward · · Score: 0

    LLIGAFAADG?

  42. Extraordinarily bad legal advice by Beeftopia · · Score: 1

    Who advised this kid to go to a jury trial? This was extraordinarily bad legal advice. He could avoided jail time, deportation, everything. Now, guilty on all charges. Wow. What a bad decision to go to trial. But - more money for the defense attorney.

    1. Re:Extraordinarily bad legal advice by the+eric+conspiracy · · Score: 1

      Ravi is 19 years old. He's not a kid. It's his decision.

    2. Re:Extraordinarily bad legal advice by rahvin112 · · Score: 1

      It's likely the that Ravi was told that the Prosecutor can't promise he won't be deported. All the prosecutor could do was promise to assist in avoiding deportation, but as that's federal law ultimately he would have had no say or influence and Ravi likely would have been deported anyway. The rules about convictions are pretty strict, you get convicted of anything other than a minor misdemeanor and your probably going to be deported. So even though the Prosecutor promised to help as part of the plea, the advice Ravi got was probably that he would be deported anyway. Given that he's lived in the US almost his entire life he likely was willing to wager the case would be very hard to prove.

  43. Lucky by DarthVain · · Score: 2

    The guy should count his lucky stars. Not to be harsh, but if the gay guy in question was so distraught about the whole situation that he killed himself, it likely isn't such a far jump to move the victim from oneself to that of the jerk at the root of it all. He should feel very lucky that that guy didn't have murder in him, as it might been the gay roommate on trial, and the other jerk just dead.

    Hell, if some asshole made me feel so horrible that I felt that killing myself was the only option, I'd make damn well sure that person was coming with me.

    So I guess the moral of the story I am trying to get at, is be nice to one another and be respectful, as their may be repercussions for your actions. The "be very careful" bit, is that those repercussions will be dependent on the individual which may very wildly from person to person.

    Sort of makes me think of the movie "Billy Madison" where he calls to apologize after many years to a kid he picked on and bullied. Who played by Steve Buscemi crosses his name off his "People to Kill" list.

    Can't we all just learn from Billy Madison?

     

    1. Re:Lucky by Anonymous Coward · · Score: 0

      good point. although i have to add one more in that moral of the story. "Dorm room isn't for fucking. That's what bathroom is for."

  44. Give the man a cigar! by LanMan04 · · Score: 2

    Second, hate crimes are added on to other charges because hate crimes are actually a seperate crime. If you were driving drunk with a black friend in the car and crashed it's different than if you went and lynched someone. In the second case, you not only wanted to hurt the person directly involved but you wanted to send a message of intimidation to people like them.

    DING DING! We have a winner!

    This is the entire point of having "hate crime" legislation. It has nothing to do with victim of the crime, it has to do with the message he's to sending to other gays (who are, we can all agree, a historically shat-on group)

    --
    With the first link, the chain is forged.
  45. Understanding what a range means by DragonWriter · · Score: 2

    Most people don't understand just how long 10 years really is. That punishment would not nearly fit the crime.

    The upper limit of the range of punishments for a given category criminal offense is intended to fit every offense in the category. It's intended to fit the worst possible instance of the category that is not in a more severe category.

    nothing really positive is going to come out of putting Ravi in prison for 10 years.

    Well, that's true for a number of reasons, the most significant one of which is that Ravi is unlikely to be sentenced to 10 years in prison (much less put in prison for 10 years, since the length of the sentence and the actual time that will be served often aren't the same thing.)

    10 years is the longest possible sentence for the offense he was convicted of. Under the applicable sentencing guidelines (as stated in TFA and even TFS) Ravi is not likely to get anything close to the maximum sentence.

  46. Plea bargains are crap by bradley13 · · Score: 3, Insightful

    Please note that the State uses a plea bargain as a way to avoid the effort of actually going to trial. Not saying this guy wasn't guilty, but the fact is that only a tiny fraction of criminal cases actually wind up in front of a jury. Why? Because the State says "take this deal or we throw the book - and the chair and the desk and the whole goddamn building - at you". It's not even remotely fair; it is a blatant attempt to intimidate people out of their right to a trial by jury. Of course, the juries are generally not aware of this, and are almost certainly unaware of the deal initially offered.

    "Bias intimidation" is even more idiotic that "hate crime". What kind of idiots are we electing as legislators? Oh, right...

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:Plea bargains are crap by Mabhatter · · Score: 1

      Think of "bias intimidation" as the same thing as running from the cops. Every single blown stop sign become "intent" to harm the other drivers on the road to save your ass.

      This is a fancy way of saying you INTENDED to causing the NEXT situation that did violate the law... Throwing a punch, etc. it's much like "road rage". The LAW expects YOU to go somewhere and deal with your anger issues... Not do stupid passive-agrees sine shit...

  47. He is a citizen of India, not a U.S. citizen by chrb · · Score: 1

    This kid did something stupid and he might get deported to a country he didn't grow up in, and might not know at all. Other kids do stupid stuff like this all the time (even resulting in injury or death), and if they get punished at all, don't get sent to an effectively unknown country.

    Ravi is a citizen of India. He is not a citizen of the United States. This means he does not have the same rights that citizens have, and that he is subject to deportation under various circumstances. Now, there is certainly an argument that immigrants should treated more like legal citizens, and not be subject to deportation, but you are writing as if he is an American citizen, which he isn't.

    1. Re:He is a citizen of India, not a U.S. citizen by realityimpaired · · Score: 1

      Ravi is a citizen of India. He is not a citizen of the United States. This means he does not have the same rights that citizens have, and that he is subject to deportation under various circumstances. Now, there is certainly an argument that immigrants should treated more like legal citizens, and not be subject to deportation, but you are writing as if he is an American citizen, which he isn't.

      He's been in the US for most of his life though, hasn't he? While I'm not an American, and I don't know your immigration laws very well, I know that in *this* country, if you grew up in the country and have gone through school in this country, it's ridiculously easy to get citizenship. As easy as filling out a form applying for it, and waiting for an official to rubber stamp it. And this is a country that's *significantly* more difficult to get in to than the US: you basically have to come as a refugee, or be multilingual and have a graduate degree or better, and refugee numbers are limited.

      Quite frankly, it's his own damned fault he never filled out the paperwork for citizenship. He probably wasn't planning on committing a crime that he can be deported for, but too bad. If he gets deported over this, it's his own damned fault... he should have considered the consequences for his actions.

  48. Re:That Jury included women by CanHasDIY · · Score: 2

    If anyone here gave two shits about what you have to say, we'd listen to your daily 3-hour diatribe, Rush.

    Now (tosses some Oxycontin out the window) go fetch!

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  49. Ding, ding, "hate speech" should not be criminal by bradley13 · · Score: 1

    This may the the point of hate crime legislation, but it is wrong. There is no right to "not be offended". If I pick on your group - be it race, sexual orientation, hair color, or whatever - this may be an indication of my idiocy, and hopefully I will be ridiculed for it. However, it should not be criminal. Freedom of speech must include the right to be a jerk, else it isn't really freedom of speech.

    Just like Rush Limbaugh, the marketplace will sort it out. He talked trash about someone - this was not criminal, but his sponsors are jumping ship. That's the way it ought to work.

    "Hate crime" legislation is an abomination, and should be struck down as an offence against free speech.

    --
    Enjoy life! This is not a dress rehearsal.
  50. Re:Ding, ding, "hate speech" should not be crimina by squiggleslash · · Score: 4, Insightful

    You'll notice the GP didn't say anything about a right not to be offended. He was talking about intimidation.

    Hate crimes are not simply crimes where someone has said "I think gays are bad". Nobody has outlawed that. They're crimes where someone's said "I'm going to beat you up, or kill you, because you're gay."

    This is about violence being used to, or with the effect of, intimidate a group of real people who have done nothing wrong. Sometimes motives matter. This is one of those cases. If it doesn't matter, if violence and killing is no worse if the intent is to intimidate a group of people, then convict Bin Laden for manslaughter and have him do community service.

    --
    You are not alone. This is not normal. None of this is normal.
  51. Soldier who killed 30 Afghans by Anonymous Coward · · Score: 0

    How much time do you think the soldier who killed Afghan soldiers will get

    none, now think about it!

  52. I am sorta torn on this, but overall it's good... by seebs · · Score: 4, Insightful

    I dislike the concept of hate crimes laws.

    But I dislike a lot of things, and one thing that hanging around with gay and trans people has taught me is: We appear to need these laws, in that in their absence, people get away with a lot of crap.

    Here's the thing. Someone said this was "punch in the nose" wrong behavior. Well, think of what happens if people decide that punching people like you in the nose is okay, or possibly morally obligatory. So it's not that some guy punches you in the nose once; it's that everywhere you go, about 10% of the time when you walk into a public place, someone punches you in the nose.

    The cumulative effect is wildly different from what you'd expect if you just looked at the severity of a single offense and multiplied by the number of times it happens. It turns out that there is a big difference between "sometimes people are a jerk to you, it happens, you deal", and "people are systematically and consistently a jerk to you and anyone like you no matter what you personally have or haven't done."

    I really don't see a problem with this outcome. You bully a lot of people, especially people that you know to already be subject to excessive harassment, and sometimes things go very wrong. Solution: Don't bully people, and especially don't bully people you know to be members of groups that are systematically bullied by lots of other people. If you do, you take the risk that the bullying will go horribly wrong and people will blame you for it. Possibly because, if you hadn't done it, that wouldn't have happened.

    Basically, what the comments here do is illustrate, to me, why hate crime laws are a necessary thing; because the world is full of people who, never having been the subject of systematic harassment, are quick to dismiss it as no big deal and think it's funny when it happens to people they look down on. So we do need a way to clarify that, yes, this really is a big deal, and really is a problem. Congratulations! The reason we need hate crime laws is that a significant number people, some of them slashdot commenters, have not yet reached the level of empathic response to other peoples' circumstances that we would typically expect from an autistic teenager.

    (... And I know, because I was an autistic teenager, and I was a little better than what I'm seeing here. Not much better, though.)

    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
  53. Karma: by Anonymous Coward · · Score: 0

    Getting fucked in the ass in prison because you video taped another man getting fucked in the ass.

    The only thing better would be if he ends up hanging himself with his shoelaces in his jail cell.

  54. Convicted on presumed belief of bias by mkraft · · Score: 3, Insightful

    If you look at the actual breakdown of the charges Ravi was convicted of, you'll notice that he was acquitted of all the bias intimidation sub-charges that he knowingly intimidated Clementi. The one that he was convicted of, which caused the bias intimidation guilty verdict was that "under circumstances that caused Tyler Clementi to be intimidated, and considering the manner in which the offense was committed, Clementi reasonably believed that he was selected to be the target of the offense because of sexual orientation".

    So basically he was convicted not because Ravi had any bias when committing the act, but but because Clementi believed that the act was committed out of bias.

    That's a very scary verdict because it basically states that it doesn't matter whether or not you have any real bias when committing a crime. You can still be convicted of bias intimidation if the victim believes you are biased. In other words, it's not what you believe, it's what someone else things you believe.

    With that precedent, you can use bias intimidation charges to charge and convict preachers for preaching against homosexuality in churches or comics for making "inappropriate" jokes in comedy houses.

    1. Re:Convicted on presumed belief of bias by dkleinsc · · Score: 1

      With that precedent, you can use bias intimidation charges to charge and convict preachers for preaching against homosexuality in churches or comics for making "inappropriate" jokes in comedy houses.

      No, you can't. Any judge would throw that out in a heartbeat citing obvious First Amendment issues.

      What you can use bias intimidation charges for a preacher who preaches against homosexuality, finds a (closeted) gay couple in town with their curtains not quite closed, films them enjoying what they think is a private moment, and then shows that film in the middle of his church service.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:Convicted on presumed belief of bias by darkmeridian · · Score: 1

      No, you twit. Clementi reasonably has to believe that he was selected to be the target because of his sexual orientation. That means that Clementi needed to have actually believed that, and this belief had to be reasonable "objectively" as decided by the jury. That means that if you burn a cross on a black man's lawn, and he feels discriminated against because of that action, a jury can convict if they believe that the belief was reasonable.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    3. Re:Convicted on presumed belief of bias by wrook · · Score: 1

      You are missing an important word: he *reasonably* believed that he was selected because of his sexual orientation.

      Just because someone believes they are being targeted would not be enough. You would have to give them some reason to believe they are being targeted.

      It is true that it is possible to commit the crime without an intent to commit the crime. But this happens with other laws too. If I drive drunk, I may have no intent to kill someone, but if I do, I am still criminally at fault. People *do* have to be careful of their actions. You can't just do whatever you want to do. You have to think about the impact of your actions on others. If you don't, there are circumstances in which you will break the law. Specifically, if you cause harm to someone through your own negligence, even though you didn't intend to do it, you are still responsible.

      In the case of preachers preaching against homosexuality, there are cases where it can cause harm. IANAL, but if someone were to say, "Homosexual's are evil and we must cast them from our society", I would suspect that they could be held criminally responsible if someone acted on that and started physically removing people from the community.

      I think one of the areas where the law can be improved is that we tend to categorize things too much. Causing harm by targeting a population for their sexual orientation is illegal in many places. Causing harm by targeting slashdot readers may not carry the same penalty. There is probably some legal reason for this, but I don't really understand it.

      I actually live in a country with no such laws (as far as I know). In Japan, while very uncommon, you can still see signs that forbid racially non-Japanese people from entering. I have been denied service twice at stores because I am not racially Japanese. I have very occasionally seen black vans drive by with megaphones shouting that foreigners must be made to leave. None of this is illegal as far as I know. Nothing in the law says you have to give service to every potential customer who walks up. Nothing in the law says that you can't say whatever you want to say (even through a loud megaphone, apparently -- that part is unfortunate at election times). It doesn't really bother me because it is incredibly rare. But if it happened all the time, even if no one person was breaking the law, it would be too much to bear. If *everyone* denied me service because I am white, I couldn't buy food. If *everyone* yelled at me and told me to get out because I was white, I could never relax.

      It is specifically the targeting that is (and should be, IMHO) illegal. If you want to deny someone service, or if you want to tell them to get out of the country you should have to make an effort to show that you aren't targeting that person due to some class that they belong to. Targeting classes of people and causing harm to them also causes harm to society. Even if you didn't intend to target a class of people, but gave every reason to believe that you were, you still cause harm to society. This is why it is (and should be, IMHO) illegal.

    4. Re:Convicted on presumed belief of bias by Anonymous Coward · · Score: 0

      The judge determined that two men kissing without shirts was "sexual activity". I believe this makes is illegal for a husband to kiss his wife while wearing a swimsuit at a pool in that part of New Jersey now.

      I'm sure there will be an appeal because of this and other legal decisions the judge made- not to mention the whole "bias crime" might not be constitutional in NJ to begin with.

    5. Re:Convicted on presumed belief of bias by Anonymous Coward · · Score: 0

      I understand your concern here, but believe the word reasonably is important in the "believe" sentence. In the hypotheticals that you describe, is the prosecution's person believing the hypothetical in a reasonable fashion? Because if their belief is irrational or stemming from a mental issue, it would probably not be included under "reasonable."

    6. Re:Convicted on presumed belief of bias by Renevith · · Score: 1

      If you look at the actual breakdown of the charges Ravi was convicted of, you'll notice that he was acquitted of all the bias intimidation sub-charges that he knowingly intimidated Clementi.

      According to your own link, this is completely false.

      From the source, with my emphasis:

      "2nd Degree Bias Intimidation
      (For 3rd Degree Invasion of Privacy charge on Sept. 19)
      [...]
      * Invasion of Privacy, knowing that the conduct constituting invasion of privacy would cause Tyler Clementi to be intimidated because of sexual orientation: GUILTY"

      "3rd Degree Bias Intimidation
      (For 4th Degree Invasion of Privacy charge on Sept. 21)
      * Invasion of Privacy, with the purpose to intimidate Tyler Clementi because of sexual orientation: GUILTY
      [...]
      * Invasion of Privacy, knowing that the conduct constituting invasion of privacy would cause Tyler Clementi to be intimated because of sexual orientation: GUILTY"

      "2nd Degree Bias Intimidation
      (For 3rd Degree Attempted Invasion of Privacy charge on Sept. 21)
      * Invasion of Privacy, with the purpose to intimidate Tyler Clementi because of sexual orientation: GUILTY
      [...]
      * Invasion of Privacy, knowing that the conduct constituting invasion of privacy would cause Tyler Clementi to be intimidated because of sexual orientation: GUILTY"

    7. Re:Convicted on presumed belief of bias by Anonymous Coward · · Score: 0

      No, you can't. They're sub-charges for a reason, and the jury instructions make it clear what that means: they can only apply if Ravi was first found guilty on the main charge. Since "preaching homosexuality in churches" is protected speech, you can't be found guilty on that charge, and sub-charges based on "bias intimidation" automatically fail too.

      I.e. "You can be convicted of bias intimidation if the victim *of the crime* believes you are biased.". No crime, no conviction.

    8. Re:Convicted on presumed belief of bias by fermion · · Score: 1
      The world changes and we have to have legal definitions to meet those changes. Those legal definition by their very nature imposes societies will on the everyone. For instance, we don't require that a person who kills another person believe that they are murderer, just that the act is done with certain set of circumstances. The circumstances, not the beliefs of the individual, dictates the jury decision and any sentence that may be imposed. For instance, Eric Rudolph brutally murdered Alice Hawthorne. He believed he was doing the will of god by bringing attention to the murder of babies. Many people, presumably christian like himself, agreed with him, and helped him evade arrest for 5 years. If we base conviction on belief, we should have pinned a medal on him, not put him in jail. But we are a country primarily of rule, not faith. So though he did not get the sentence that, say, the beltway killers got, he was punished.

      But your argument does have some traditional support. For instance, for years to be convicted of a rape the person who claimed he was just having consensual sex with a willing woman had be shown to believe he was rapist, and not just a boy being a boy. So question were asked. Was she a coed that went to a lot of parties? Was she on birth control? Did she have a boyfriend? Did she go up and flirt with guys? Was she wearing revealing clothes? If any of these were true, then of course the guy could not think he was a rapist. Here was a willing woman who would take care of his hard on. No harm no foul. And if she was drunk, so what? That was just so she would not have to take responsibility. She probably planned it because she hated the guy and wanted to put him jail. Increasingly, however, that is not the world we live in. In the 1970's the rape kit was developed which helped move rape cases away from 'he didn't mean to rape her' to 'if the physical evidence implies rape, then it is rape'.

      So we are dealing with two things here. The first is technology that makes secretly filming people and distributing said video very easy. I think we all agree that such a thing should be mitigated with strong consequences. Any of us can imagine a roommate situation with a sociopath who thinks it is funny to film us and post it to the internet. Sure we should be strong enough not to kill ourselves, and a moral conscious should be enough, but it is not always. Look at Eric Rudolph. He was alleged to have a moral conscious, but he enjoyed killing innocent mothers. Sometimes an example must be made.

      The second thing is understanding that certain things are no longer tolerated. When the boys of Mississippi Delta mutilated and lynched Emmet Till for chatting up a white girl, the locals confirmed they were well within their rights. In 1991, when some kids from the suburbs of Houston drove into the inner city with the intent to kill a gay person, there was not much to stop them. In the end ne person was killed, another critically wounded. Being the south, and kids were just having fun, most of them just got probation, and most to the rest has served their time. In Texas where such a murder could include the death penalty, we have no jail time or just a token amount. For premeditated murder. The killers of James Byrd, Jr were not so lucky. They waited a few years too late to have their fun and play their prank. Two or three received the death penalty. One believed he committed no crime. I am sure they would say they have no bias, simply trying to keep society together, keep the values in place.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    9. Re:Convicted on presumed belief of bias by mkraft · · Score: 1

      That's two different charges. Invasion of privacy was done knowingly, bias intimidation was not.

    10. Re:Convicted on presumed belief of bias by Anonymous Coward · · Score: 0

      Clementi was a fucking moron. If he had been straight and had brought hot chicks to his (shared) dorm room to bang with Ravi NOT PRESENT TO OBSERVE...

      DAMN RIGHT he should have covered the damn webcam. What a fucking idiot.

  55. you are wrong. read the new yorker article by citylivin · · Score: 2

    You obviously haven't read the new yorker article here.

    It was extremely more likely that the scorn he received from his mother likely pushed him over the edge. He even took her on "tours of bridges around new york". If thats not a cry for help...

    "Clementi wrote a message to Justusboys. He was clearly pained, but there's little to support the idea that he was mortified by the thought that he'd been outed. There are only hints of Clementi's mood in the previous weeks and months. There was his claim that he hated high school, and there were three files on his computer, written in July and early September, whose contents are unknown but whose file names are Gah.docx, sorry.docx, and Why is everything so painful.docx. It may be significant that, on his initiative, he and his mother had taken excursions to bridges around New York; he kept photographs he had taken of the George Washington Bridge on his phone. Paul Mainardi, the lawyer, wondered if Tyler was "in the thinking-about-suicide world" sometime before college. "

    The whole story was dramatized by various people with various goals. Alot of it was played out online, and tyler had used the same handle on multiple websites so he was easy to track down.

    Personally, i think the whole case could have been solved if they just got in a fight and then had a beer. Of course people would rather write about it online now then even TALK to each other. and they lived in the same fucking room!!

    Seriously, read the article. I would say as someone who also has a special interest to spin on this :), that the cause of all the problems can be traced to online vanity and lack of anonymity. Ravi even complained that the guy had a yahoo email address, i mean this is bullshit things ALL kids complain about. However, now all the kids do it online with their real names. This is the problem here, stupid kids stupidity amplified x100 because of the internets.

    "Once Ravi understood that he would be living with Clementi, not Picone, he felt that he knew these essential facts: his roommate was gay, profoundly uncool, and not well off. If the first attribute presented both a complication and a happy chance to gossip, the second and third were perceived as failings. "I was fucking hoping for someone with a gmail but no," Ravi wrote to Tam. Clementi's Yahoo e-mail address symbolized a grim, dorky world, half seen, of fish tanks and violins. Ravi's I.M.s about Tyler's presumed poverty were far more blunt than those about sexual orientation. At one point during his exchanges with Tam that weekend, Ravi wrote, "Dude I hate poor people.""

    --
    As a potential lottery winner, I totally support tax cuts for the wealthy
    1. Re:you are wrong. read the new yorker article by Thing+1 · · Score: 1

      Ravi wrote, "Dude I hate poor people."

      Caste system is still alive and well, I see.

      --
      I feel fantastic, and I'm still alive.
  56. Re:Ding, ding, "hate speech" should not be crimina by realityimpaired · · Score: 1

    "Hate crime" legislation is an abomination, and should be struck down as an offence against free speech.

    Tell that to the people who are victims of hate crime... like the kid who got decapitated, dismembered, and then set on fire in Detroit last November for the crime of being transgendered....

  57. Conscience leveraging by Anonymous Coward · · Score: 0

    Ravi is guilty of merely leveraging Tyler's conscience against himself.

  58. Gay Marriage in New Jersey by layer3switch · · Score: 1

    Anyone against gay marriage in New Jersey can now be charged under hate crime especially when emotionally unstable gay person can commit suicide due to public biased intimidation from anti-gay marriage bill proponents.

    --
    "Don't let fools fool you. They are the clever ones."
  59. This is just a bunch of crap. by Anonymous Coward · · Score: 0

    It's certainly not anything resembling justice.

    I think I will go beat up some faggots tomorrow night just because.

  60. "Thought crime" by DragonWriter · · Score: 1

    It's a damn thought crime - it's only a crime if you're thinking the wrong thing when you do it

    Using that definition of thought crime, most crimes (speaking here of the US system, though the same is true of lots of other systems of law) are "thought crime", as most crimes require a specific mental state as an essential element (the exception would be "strict liability" crimes, but those are pretty rare.)

  61. There is no such thing as hate crimes... by Anonymous Coward · · Score: 0

    Treating victims differently based on who attacked them and punishing the guilty differently is government assigning a title of nobility to special protected class members. It's anti-American!

  62. Just a fact by Anonymous Coward · · Score: 0

    This guy is Indian (from the name, Hindu or with Hindu origins), but if he were Muslim, somewhere in this article there'd be something about Islamic extremism or Islamism or fundamentalism or something of the sort.

    1. Re:Just a fact by Anonymous Coward · · Score: 0

      That's because Hinduism doesn't preach hatred of gays, but Islam does - very specifically, it prescribes dropping them from high buildings to their death.

  63. Re:Glad someone admits to silly shit by Anonymous Coward · · Score: 0

    This was done as an example, if the gay roommate did not kill himself this would never have seen the light of day by the moron media. It is on record as a conviction, as long as the person being bullied killed him or herself.

    That is the real bullshit behind this. I also agree he will not receive any long term prison time, maybe 6 months with good behavior.

    It is not a secret what goes on in colleges, but at the same time this is a different era, with the social internet sites. I still believe he did not do this with hate. He did this to entertain himself, or become the popular clown of the campus. But you cannot evade someones privacy. That should be the one thing you learn from this case.

    I would expect more court cases despite suicide, over privacy at colleges in the coming months even years. Even the morons who want to catch there lovers cheating without written consent., posting videos, even pictures of there affairs over the internet.

  64. WTF do you think a camera does? by dbIII · · Score: 1

    No need to make shit up just to try to twist things to win some childish argument game. Words mean what the consensus put in a dictionary means.
    Also WTF do you think they did all that time in court? Played Tetris or talked about the case in the sort of detail you only get by talking about it for days?

    1. Re:WTF do you think a camera does? by AthanasiusKircher · · Score: 1

      According to every dictionary I look at, "film" means to make a movie or photograph of (i.e., to record something). Take a look at some; you might learn something. In the case under discussion, we're talking about a webcam, which by default does not make a recording (unless set to do so) -- it merely transmits from one computer to another. There is no evidence that a recording was made, kept, or broadcast to anyone else. Again, I'm not defending these actions at all, but thr conduct in question is more similar to using a telescope to view a neighbor you might not otherwise see than it is to "filming" them.

    2. Re:WTF do you think a camera does? by dbIII · · Score: 1

      Sorry, that doesn't convince me at all.
      Also the last three pointless posts only came about because you missed the word "or" even though you quoted it :(

  65. No Such Things: Privacy; Hate Crimes by Anonymous Coward · · Score: 0

    What the heck is privacy, and how can one invade something that does not exist? And what is a hate crime, and how can a type of THOUGHT be made a crime? This is insane. People do not commit suicide because of other people; they commit suicide because they don't want to be alive. Let them be dead if that's what they want.

    And by the way I have no issues with gay people or with gay behavior. I do object to Government in its entirety and to stupid laws and the giving of the cloak of legality to the stupid use of power by stupid people. Which would be the jurors, the judicial system, the lawmakers and the governmental apparatus in its entirety, and those believing that privacy exists or that it can be invaded, or that a thought or emotion such as hate could be a crime, and be prosecuted as a criminal offense.

    Stupid people should not be allowed to vote, serve in the military, or remain in the country (if not already citizens) for more than three years, nor should they be allowed to become citizens, except perhaps to "unite families" - but in the latter case such families if in application for citizenship should go to the very bottom of the list.

  66. And... by CountBrass · · Score: 1

    ...there is a 50% chance (actually it's a bit less than that but I leave that as an exercise for the readers with 3 digit IQs to work out) that you have 2 digit IQ but are incapable of realising that's the case (stupid people are generally not smart enough to realise they are stupid, so I am breaking it to you gently) and therefore have to resort to posting profanity because you're incapable in constructing a coherent counter argument.

    --
    Bad analogies are like waxing a monkey with a rainbow.
  67. Two Important Questions to Ask Oneself by Cazekiel · · Score: 1

    I've posted this comment in other places, and I think it's fitting to repeat...

    There are two questions anyone trying to form an opinion on this case should ask themselves:

    1. Can you come up with two or more positive outcomes that would have come from Ravi's actions against Tyler?

    My answer: Absolutely not. What Ravi did was, plain and simple, cruel and yes, unusual. I don't care if he's an 18-year-old "kid". I knew by the age of 5 that you treated people with respect. When Tyler found out, there would have been no "haha"s or him buying rounds for the group, saying, "Man, you guys got me good! Barkeep! Another round for my good pals!" If it hadn't been suicide, it'd be clinical depression, leaving his school of choice, and/or other negative outcomes. Mind, I don't hold Ravi accountable for Tyler's suicide, but the conditions that LED him there.I'm sure Tyler showed serious distress and depression between the time he found out and his sad choice; couldn't Ravi have shown remorse, stepped in and apologized? Since he didn't, and by all reports I've read, *hasn't*, then I can't be satisfied that he's a "poor boy who made a mistake".

    2. Could he have told Tyler he didn't want that going on in their dorm, avoiding his 'discomfort' that supposedly led him to ogling a scene of two guys getting it on?

    My answer: Yes. If he "couldn't handle two guys kissing", then he shouldn't have invited himself to watch via webcam. One big DUH there. I believe that anyone living in a dorm and having a roommate has the right to say what they'd like/not like have happen in their living space. As much as I usually side/support the gay community, I wouldn't have seen Ravi telling Tyler, "Look, with all due respect, I ain't comfortable, especially since I don't know this guy. Can you go back to his place or something?" If Tyler had called "PREJUDICE!", I would most likely side with Ravi. They could have talked it over, making rules as to what they want and DON'T want going on, as they have to compromise.

    So yea--those two factors/questions lead me to hoping Ravi gets what he gets. Whether or not some view 10 years and/or deportation as extreme (I kinda do myself), the laws he broke were laws already in existence. One can't plead ignorance to those laws and be told, "Aw, well, just don't do it again, 'k?"

    Yes, I will almost always take the side of the homosexual community. I myself am gender-queer (a woman who finds more satisfaction and worth in imagining two men together, rather than myself engaged in straight relationships) and don't mind saying it. I'm strong in my convictions and self-introspection to the point where my friends and family know who I am and why--my HUSBAND was the one to help me identify myself. I'm confident enough and don't care what people think of me; unfortunately, Tyler was too young and vulnerable. If we're to say Ravi was 'inexperienced' in the homosexual dynamic and 'didn't understand', then how can we then expect Tyler to rationalize his situation when he was so overcome by emotion and pain, due to another's horrendous actions toward him?

    --
    You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
    1. Re:Two Important Questions to Ask Oneself by therealobsideus · · Score: 1

      While I already commented to avoid abusing my mod points, I wish I could mod you up.

    2. Re:Two Important Questions to Ask Oneself by Cazekiel · · Score: 1

      Aw... thanks for the thoughts. I can sometimes be a loose cannon who thinks she knows everything, but in cases like these, I just... yea. :)

      --
      You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
  68. Seriously? Seriously people... by therealobsideus · · Score: 1

    Alright, I had to post so I wouldn't waste / abuse my mod points because some of the commentry that I am reading just really pisses me off. I understand that I am the minority here (a gay geek), but those of you who do not understand what it is like to be afraid of society finding out your "deviance from the norm" seriously need to have some empathy and try and see how hard it really is. http://www.rollingstone.com/politics/news/one-towns-war-on-gay-teens-20120202

  69. Re:Seriously? Seriously people... by therealobsideus · · Score: 1

    While yes, Clementi killed himself. I don't agree with the bias intimidation or hate crime legislation at all, but he deserved to be punished - what he did was a crime. And, according to most major news sources I've read, the Jury felt he was lying when he said he "turned it off" before the second broadcast. In fact, almost everything I've read suggest Tyler himself turned it off after reading Ravi's twitter..

  70. Re:Ding, ding, "hate speech" should not be crimina by Anonymous Coward · · Score: 0

    Maybe we should have a law against decapitating, dismembering, and setting people on fire. Maybe there already is one. Have you checked?

  71. Re:Ding, ding, "hate speech" should not be crimina by Anonymous Coward · · Score: 0

    He got decapitated. A corpse got dismembered and set on fire. It could have been worse: He could have been set on fire and dismembered, and a corpse could have been decapitated.

  72. I'm not always a Peeping Tom... by V.+P.+Winterbuttocks · · Score: 1

    If the victim had been heterosexual he woud not have been a victim, Ravi wouldn't have gone for him.

    ...but when I am, I prefer Gay Sex!

    I am not in the least bit convinced of this. If Ravi played the Peeping Tom when his gay roommate kicked him out so he could steam up the place, I don't see any reason to believe that Ravi would not do the same if his roommate was straight. Unless, of course, Ravi was also gay. Which he's not. He's just a dick who reacted poorly to his roommate having sexcapades in his dorm room. Which makes his roommate a bit of a dick too.

    I see the facts that he is a straight dick or that his roommate was a bent dick as both being somewhat orthogonal to the actual problem, which is that two people were dicks to each other, and one of them jumped off a bridge.

    --
    I'm the real Vorokrytin P. Winterbuttocks.
    1. Re:I'm not always a Peeping Tom... by Shadowmist · · Score: 1

      If the victim had been heterosexual he woud not have been a victim, Ravi wouldn't have gone for him.

      ...but when I am, I prefer Gay Sex!

      I am not in the least bit convinced of this. If Ravi played the Peeping Tom when his gay roommate kicked him out so he could steam up the place, I don't see any reason to believe that Ravi would not do the same if his roommate was straight. Unless, of course, Ravi was also gay. Which he's not. He's just a dick who reacted poorly to his roommate having sexcapades in his dorm room. Which makes his roommate a bit of a dick too.

      I see the facts that he is a straight dick or that his roommate was a bent dick as both being somewhat orthogonal to the actual problem, which is that two people were dicks to each other, and one of them jumped off a bridge.

      He's also someone who ..... 1. Tried to tamper with a witness. 2. Refused a plea bargain that would have kept him from jail time. 3. Was convicted of violating his roommates privacy 62 times. So we're not talking about a momentary lapse of judgement here, we're talking about premeditated and repitative assaults on his roommates privacy. His entire defense was based on "he's a jerky kid". The jury of his peers unaminously voted that such a defense did not wash.

    2. Re:I'm not always a Peeping Tom... by Anonymous Coward · · Score: 0

      1. Tried to tamper with a witness.

      Oh, PLEASE. He asked his friend what she had told the cops. It was perfectly natural that he should want to know that, and being a dumb kid he had no idea that the cops would whack him for it. It is the sort of thing that you only get convicted of if the cops want to throw the book at you, which they did.

      2. Refused a plea bargain that would have kept him from jail time.

      Since we're using numbered lists, that plea bargain would have required him to ..... 1. Admit to bias intimidation, when it had nothing to do with the harassment. B. Face the likely possibility of deportation. 8¾. Gained him the promise of "help" in the possibility of avoiding deportation, i.e. they'd hand him a pointy stick before throwing him to the lions.

      3. Was convicted of violating his roommates privacy 62 times.

      Enumerate them, please. And 62 counts does not mean that he violated his roommate's privacy 62 times. The only times that I am aware that he violated his roommate's privacy was when he activated the webcam, which was only a couple of times. There is absolutely nothing illegal about Googling someone.

    3. Re:I'm not always a Peeping Tom... by Shadowmist · · Score: 1

      ...but when I am, I prefer Gay Sex!

      I am not in the least bit convinced of this. If Ravi played the Peeping Tom when his gay roommate kicked him out so he could steam up the place, I don't see any reason to believe that Ravi would not do the same if his roommate was straight.

      You also weren't on the jury and didn't hear the full disclosure of the case and the numerous charges on it. A jury of 12 others thought differently. Easy judgements are worth the time spent on them.

    4. Re:I'm not always a Peeping Tom... by Anonymous Coward · · Score: 0

      A jury is made up of 12 people who were too dumb to get out of jury duty, and too apathetic to act like they might have an opinion (which would have resulted in them being disqualified as a juror).

    5. Re:I'm not always a Peeping Tom... by Shadowmist · · Score: 1

      A jury is made up of 12 people who were too dumb to get out of jury duty, and too apathetic to act like they might have an opinion (which would have resulted in them being disqualified as a juror).

      It's quotes like this that give my my opinion of the future of the American branch of Western Civilization.

    6. Re:I'm not always a Peeping Tom... by Anonymous Coward · · Score: 0

      It's quotes like this that give my my opinion of the future of the American branch of Western Civilization.

      Why do you think I posted it?

  73. Re:Seriously? Seriously people... by Cazekiel · · Score: 1

    I know. I'm getting angrier and angrier to the point that the other day, I had to shut every window regarding Ravi and the case off--what made me sad was that I had to close /., a place where I feel safe to express myself as someone who puts thought into what they say with like-minded people, most of whom are driven by reason, skepticism and fun geekery. It saddens me whenever I hear someone who's an atheist, scientist, etc. spout off like people have here because I expect better from them. I guess this is where, sadly, I lose some love and faith in the community I hold dear.

    Btw, gay geeks are the hottest creatures on the planet. I think that in order to save my sanity, I'm clicking this away to continue working on my astronomy-geek!slash-fanfiction. I'm just getting to the renting-a-motel-room!scene, so wtf am I doing here being angry and shit? Lol...

    --
    You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin