4 ms·
I find it very hard to understand how a judge can conclude that the offender did not intend the threatening nature of messages like "You're not being good for h
by mvdtnz 3y ago
I find it very hard to understand how a judge can conclude that the offender did not intend the threatening nature of messages like "You're not being good for human relations. Die."
- paddw 3y agoI guess, because he is claiming to be insane?
- veave 3y agoHow is "die" a threat?
- bwat49 3y agoHow is it not a threat?
- Vecr 3y agoBecause a true threat requires a bunch of things, including a time and an ability, and at least some insinuation of a method. It has to be a real method, so if the person is on the other side of the country and there's no reason to think the person is hiring a hitman (or has a Death Note, hah), it's not a true threat.
- sacnoradhq 3y ago"Die" doesn't specify "murder." Death by natural causes or the implication of lack of future need for that person in a hostile manner. "Get lost." "Die." "Fuck off." "Lose my number." hopefully serve similar purposes. This dude was guilty of being an unprofessional asshole towards someone, but being an asshole isn't the same as aggravated assault or making specific threats. The 1 a. protects all people, assholes included.
- EA-3167 3y agoI think I'm like most people in not wanting to tolerate, on a social level, people who wish each other dead. Lets take that as a given. The issue here is if that should rise to the level that the government should intervene. I think wishing people dead is classless and cruel, but not a threat, which needs to be specific and actionable. The old internet "gem" was "DIAF", which is a terrible thing to say to another person. Is it a threat though? I don't think so. "I will set your house on fire and watch you burn" by contrast is a clear threat to undertake a specific criminal act, that's a threat.
- webmobdev 3y agoBut stalkers can escalate. Sometimes those idiots don't even have the awareness that their behaviour is inappropriate, and timely intervention (like a visit from the police) in the early stages can act as a wake-up call to think about their behaviour.