“These people are serious. They really want my son to go away to jail for a sarcastic comment that he made ,” said the elder Carter.
I wouldn't admit to making that comment. Make them prove that he was sitting in front of the computer when his account made that statement. Did anyone else know the password? Is his computer completely free of malware or unknown backdoors? Could anyone be eavesdropping on the connection to the game server? Is the game server completely secure?
For a crime that carries almost a decade in prison, confessing doesn't sound like the right legal strategy to me.
That strategy is very risky in the real world: do you really think they're going to say “Oh no, we don't have HD video of him typing in the comment – call the whole thing off!” or simply look at all of the evidence, consider how plausible it is that an attacker chose that moment to closely mimic his style for an entire conversation just to frame him with an in-character comment, and then use the stronger end of the sentencing scale for lying to the court and making a lame attempt to avoid responsibility?
They appear to be trying a more realistic strategy: admit making the statement, show remorse but reject the premise that this was anything other than constitutionally protected speed or that it constituted a realistic threat. That seems far more likely to work, particularly given the age of the suspect.
Indeed. The burden of proof isn't "beyond any possible doubt". It's reasonable doubt. The court system won't be circumvented by a astoundingly minute logical loophole.
For a single sentence written in response to a direct insult and immediately labeled as a joke by the guy who wrote it, there is no legal strategy that sounds right to me because this is not something that should require a legal strategy to begin with. This situation is preposterous and criticizing the error in legal tactics made by a minor who had no reason to believe he had done anything wrong is completely missing the forest for the trees.
edit: apparently he was 18 at the time, so he wasn't a minor, but I don't feel that makes the situation any less ridiculous
It is completely absurd that making a sarcastic comment can be a crime that means a decade in prison. Shouldn't there be some common sense included in the justice system? Here in Finland there have been lately some similar cases, and in all of them as far as I know there was some simple investigation about the real motives but no charges and no jail time.
I think that's usually the case in the US too. I've heard cases where people joke about some kind of president attack on their blog and getting a secret service visit shortly after. They tend to get a stern warning, as the investigators likely have better things to do and can understand the difference between a comment made in jest and a credible threat.
Unfortunately we do have a huge problem with prosecutorial abuse.
They make a valid point that it's probably not something you should joke about, especially because similar comments led to actual attacks. The part where insanity comes in is where many people are seemingly incapable of acknowledging the degree of wrongness, and think this warrants anything more than a police visit. Instead, they opt to effectively ruining his adult life, which he had barely started. For nothing. Society is not better off, we are not safer, we wasted a life because someone wanted to make a point.
investigation about the real motives but no charges and no jail time.
The US has shifted towards charging everything and anything remotely possible, maybe investigate, then plea down to something that only looks good because of the extreme first set of charges. Brilliant strategy from the p(er|ro)secutors that keeps cases from going to court and pads their stats with lots of 'wins.'
People hope that if they are honest and in the right that they will be exonerated. Typically, it just means they say something they shouldn't and they are punished for it.
It probably isn't the optimal strategy. But it's real world, average-case human honesty. One reason among many why fairness in prosecution and sentencing is critical.
There's also a much more serious point at stake here which is that should we be thrown in jail for making sarcastic/bitter/meaningless comments? It seems obvious (unless someone is withholding other facts) that this child had no intention of committing a crime, but because he was frustrated/angry and didn't express himself well (as an adult would, which is something we don't expect children to do, because that's what being young is about, learning!) we want to lock him up for 8 years? Does anyone really think that's a good idea? and more importantly by ignoring what really happened you're ignoring the fact that actions like that have now come under scrutiny by the general public/government, and to such a degree that by merely jesting we face jail time? That's insane, I would believe that maybe an investigation by the police, maybe a day in jail...
I wouldn't admit to making that comment. Make them prove that he was sitting in front of the computer when his account made that statement. Did anyone else know the password? Is his computer completely free of malware or unknown backdoors? Could anyone be eavesdropping on the connection to the game server? Is the game server completely secure?
For a crime that carries almost a decade in prison, confessing doesn't sound like the right legal strategy to me.