What Constitutes a Threat?

by Karen Hatter | September 23, 2007 at 02:30 am | 2231 views | 10 comments | 26 recommendations
Jena Six (1 of 4)

It is amazing how the application of law manages to defy logic in so many circumstances. Merriam Webster's Eleventh edition lists two definitions for threat:


   - an expression of intent to harm


   - one that threatens 


Those two definitions are straightforward and plain enough. Yet, once jurisprudence is called into use, all bets are off as to what truly is a threat. To laymen, it's easy enough to understand a threat. Intent to harm, danger, nearly synonymous with threat but, in applying the law, hold on; not so fast. That's when simplicity steps through the looking glass. Why? Who knows?


In the real world, if statements are made that imply bodily harm, that's a threat. Unfortunately, it is the position of those in law enforcement, and rightfully so, that until a threat is acted upon, one can't be subject to prosecution for what might be called wishing ill will.


However, if, as in the case of the Jena 6, whose names, addresses and telephone numbers were posted on the Internet, along with a directive to commit a horrifying act upon their persons to do bodily harm and cause death, all legalese aside, it is unacceptable for it to be argued that the hands of law enforcement are tied in legalities.


Unlike a noose in a tree, implying the threat to do bodily harm, when a statement meant to solicit accomplishing the implied act is made, a declarative command, putting out the call to unspecified masses to commit an illegal act, in the real world, it's truly a sad day when all the FBI can offer is to monitor the situation.  

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Karen Hatter
Karen Hatter
flagged this story as Good Stuff

at 12:31 on September 23rd, 2007

Well, what the heck! Last I checked, with the current count of views at 823, I climbed all the way to the second spot without one flag! I'm gonna flag myself! Forgive my hubris. 

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jordan

Of course, now you'll have to submit to doping tests...

(We're not supposed to even be able to good-stuff our own stories... you have uncovered a bug, one of my raisons d'etre... I'm on the case as of now... thanks!) 

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Karen Hatter

Oops!

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jordan

No problem- had you not done that, I wouldn't have known that such a thing had become possible.

I bet that when you got up this morning, "time for a little QA" was not the first thing to spring to mind!

 

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Karen Hatter

Honestly, I didn't think I would be able to flag myself! So, when I succeeded, I was shocked! It's kind of interesting the article made it into 800+ views and second on the page without a flag. 

jordan
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jordan
flagged this story as Good Stuff

at 12:35 on September 23rd, 2007

If a schoolyard fight is "attempted murder", then surely calling for vigilantism against children and publishing their addresses is some sort of crime, too. Or so one would expect...

"Monitor[ing] the situation" sounds a lot like "not doing anything", but I admit to being a bit of a cynic. 

angryindian
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angryindian
flagged this story as Good Stuff

at 05:42 on September 29th, 2007

Good stuff.

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Barry Artiste

Perhaps while you are a it Jordan, maybe check the view counter, as I read this story it did not change the count, even after logging out and and signing back in, after three visits Karens status counter for number of views had not changed over a 10 minute span. Thus she may in fact have had more readers visiting than she thought

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jordan

Ah, the joys of drupal counters... the count isn't quite live, and the site refreshes more slowly for anonymous users (signed out)... in some cases, you can even see two different versions of the front page. It's kind of weird. When I post an obscure tech article and see that it has 11 views, I just tell myself that there are 341 views that haven't been registered yet. I continue to tell myself that until it becomes the truth...

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Barry Artiste

Thanks Jordan, I figured that it must be a delay mechanism or something.

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September 23, 2007 at 02:30 am by Karen Hatter, 2231 views, 10 comments

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