Interesting Court Case

Knownothing

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Nov 22, 2006
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Wow that chick is cold hearted. She basically called him a chicken for not doing it. I don't think she should be held accountable because the guy did it to himself. However, She should be put on every billboard in America saying "Do not date, Just hit it and leave".
 
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3TrueFans

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The kid didn't even want to do it, he tried every which way possible to stall and get out of doing it and she kept pushing him. She's responsible for his death and should be locked away for a long time.
 
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Gorm

With any luck we will be there by Tuesday.
SuperFanatic
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Wow, lots of variables in that case.

Helping someone to commit suicide is NOT considered a crime in Mass? Good grief.
 

CYCLNST8

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Jul 19, 2008
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I need more context. Were they broken up? Why was he in a fragile emotional state? Did he **** her sister or something? I have plenty of exes who'd probably encourage me to kill myself... :rolleyes:
 

Clark

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Jun 24, 2009
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Wow, lots of variables in that case.

Helping someone to commit suicide is NOT considered a crime in Mass? Good grief.

that's an issue I have a hard time deciding on. I think for me it's a case by case basis.

In this case, that ***** be crazy.
 
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coolerifyoudid

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Feb 8, 2013
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The act itself was disgusting and her lack of remorse is sickening.

I just skimmed through a number of articles and couldn't find anything that says a person is required to talk a person out of suicide. And unless someone is a licensed physician or psychiatrist that was aware of a pre-existing condition and used their influence of their own patient, the act of encouraging a suicide by another person doesn't seem to hold a penalty.

She is guilty of being a despicable human being, but, unfortunately, I don't know of any legal ramifications she could face. It seems like her defense team could claim that there were other factors that contributed to the boy's mental state and make it hard to pin down to one specific event or series of events.

This seems like a brand new venue that the courts are going to need to rule on and the ruling is going to have to be worded meticulously. There are so many harshly worded comments on social media that, if taken literally and not in jest, would be grounds for future lawsuits.

Maybe @CloneLawman or @WooClone15 could shed some legal light on things?
 

coolerifyoudid

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Why wouldn't this fall under cyber bullying? According to Mass. law cyber bullying that results in death could bring felony charges.

Where did you see that? I'm curious because this was where I went initially too, but I couldn't find anything that would relate to this case. All I found seemed like it was mostly geared at curbing cyberbullying in schools;

Harassment
In Massachusetts, harassment incurs a fine of up to $1,000, up to two years and six months in jail, or both. For second and subsequent offenses, the judge may elect to impose either up to two years and six months in jail, or up to ten years in state prison.



Edit: Never mind. Found this, unfortunately I'm not sure what precedent is there.

Massachusetts Penalties for Cyber Bullying
Cyber bullying is classified under the same penal laws as hate crimes, criminal harassment, and stalking. This means penalties for cyber bullying can be severe depending on the circumstances.

First time cyber bullying offenders will most likely face misdemeanor charges, depending on the circumstances and damages surrounding the case. If convicted as a misdemeanor the punishment can include the payment of fines and community service. For repeat offenders or cyber bullying that resulted in more sever damages, including victim injury or death, the suspect could face felony charges. Felony convictions apply to the “Three Strike Rule,” and can result in serious fines and significant jail time.
 
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Gonzo

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Where did you see that? I'm curious because this was where I went initially too, but I couldn't find anything that would relate to this case. All I found seemed like it was mostly geared at curbing cyberbullying in schools;

Harassment
In Massachusetts, harassment incurs a fine of up to $1,000, up to two years and six months in jail, or both. For second and subsequent offenses, the judge may elect to impose either up to two years and six months in jail, or up to ten years in state prison.

I was referencing what I read here.

What is Cyber Bullying?
The Attorney General of the State of Massachusetts classifies Cyber Bullying as “electronically communicated threats and willful and malicious directing electronic communications at a specific person that seriously alarm that person and would cause a reasonable person to suffer emotional distress.”

Children and Adults may be Charged with Cyber Bullying
Many feel that the problem with cyber bullying is that it does not end at the toll of the school bell or end of the work day. It continues every time the victim uses their smartphone, handheld device, or computer. This is why cyber bullying is considered an extreme form of harassment. The Massachusetts legislature has made laws regarding cyber bullying sweepingly severe, this means children to adults can be charged, convicted, and penalized for Cyber bullying crimes.

Massachusetts Penalties for Cyber Bullying

Cyber bullying is classified under the same penal laws as hate crimes, criminal harassment, and stalking. This means penalties for cyber bullying can be severe depending on the circumstances.

First time cyber bullying offenders will most likely face misdemeanor charges, depending on the circumstances and damages surrounding the case. If convicted as a misdemeanor the punishment can include the payment of fines and community service. For repeat offenders or cyber bullying that resulted in more sever damages, including victim injury or death, the suspect could face felony charges. Felony convictions apply to the “Three Strike Rule,” and can result in serious fines and significant jail time.

If you have questions about Massachusetts laws regarding bullying at school or the workplace, contact our attorneys for a case evaluation.
 
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3GenClone

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https://www.washingtonpost.com/news...self-will-stand-trial/?utm_term=.2cac9c789ce7

In July 2014, Michelle Carter’s 18-year-old boyfriend committed suicide in a Kmart parking lot.

After his death, Carter texted a friend.

“Like, honestly I could have stopped it,” she wrote.

Text messages recovered by police, however, suggest that by 2014, Carter had tired of Roy’s idle talk of suicide and wanted him to go through with it — now.

“You always say you’re gonna do it, but you never do,” Carter complained. “I just want to make sure tonight is the real thing.”

Another time, she texted: “You can’t keep pushing it off, though. That’s all you keep doing.”

Carter was insistent, even when Roy steered the topic to other things:

ROY: How was your day?

CARTER: When are you doing it?

Roy said he was having a good day, but Carter wasn’t satisfied.

CARTER: Really?

ROY: Yes.

CARTER: That’s great. What did you do?

ROY: Ended up going to work for a little bit and then just looked stuff up.

CARTER: When are you gonna do it? Stop ignoring the question???

My guess is she serves time - probably not nearly as much as she deserves.
 

Gorm

With any luck we will be there by Tuesday.
SuperFanatic
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that's an issue I have a hard time deciding on. I think for me it's a case by case basis.

In this case, that ***** be crazy.

Exactly, I would think medical professionals should be protected. But to have blanket protection for everyone seems crazy.
 

chuckd4735

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I hope the decision to waive a jury trial backfires on her.

I think its the right move for her. Chances are you're going to get a judge around 50-60 years of age who doesn't appreciate texting like a jury of her peers would. In the end, I doubt she will be convicted, but hopefully this follows her around for the rest of her life because she is not right.
 

Gonzo

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I think its the right move for her. Chances are you're going to get a judge around 50-60 years of age who doesn't appreciate texting like a jury of her peers would. In the end, I doubt she will be convicted, but hopefully this follows her around for the rest of her life because she is not right.

Agree, smart move. I just hope it bites her in the arse.
 

Cyclonepride

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It seems like this would be a relevant concept to this case. Interesting that Massachusetts has a law on the books of some sort in this regard (edit, not sure if that only applies to strangers? Odd that it would not apply to someone you know too).

https://en.wikipedia.org/wiki/Duty_to_rescue

"A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril. In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue. This does not necessarily obviate a moral duty to rescue: though law is binding and carries government-authorized sanctions, there are also separate ethical arguments for a duty to rescue that may prevail even where law does not punish failure to rescue.

 

Gonzo

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It seems like this would be a relevant concept to this case. Interesting that Massachusetts has a law on the books of some sort in this regard (edit, not sure if that only applies to strangers? Odd that it would not apply to someone you know too).

https://en.wikipedia.org/wiki/Duty_to_rescue

"A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril. In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue. This does not necessarily obviate a moral duty to rescue: though law is binding and carries government-authorized sanctions, there are also separate ethical arguments for a duty to rescue that may prevail even where law does not punish failure to rescue.


Wow, the Good Samaritan Law is a real thing?

massachusetts.png
 
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