Deadcyde said:
Prove intent? Prove that he was actualy going to do it? Explain to me exactly how they did that.
They haven't because he has yet to have his trial.
Then explain how saying it to a cop directly (as that act alone would stand for intent) and then a joke that is intentionally overblown in public that was overheard by someone else and then reported to a cop (as this would be your real world example) is worth jail time or anything more then a "mind your manners".
For the same reason you can't say "bomb" on an airplane or "fire" in a theater. It incites panic. That is the law he broke basically and it is a misdemeanor at best, but because the statement also included the threat of bodily harm the charge was upgraded to terroristic threat.
Then explain to me how a general statement with no proof, that under the remotest amount of scrutiny is seen as a joke, is at all a "terrorist threat"
Here is the link to the law.
http://codes.lp.findlaw.com/txstatutes/PE/5/22/22.07
He is being charged with terroristic threats because "(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (2) place any person in fear of imminent serious bodily injury;" among other sections.
And finally, explain to me how your laws can at all resolve a kid making a joke in public forum with someone running a plane into a building and charge them as the same crime.
It is insane. You are attempting to prevent something that is in all likelyhood unpreventable, by locking up your own citizens. There is no requirement for tangible evidence at all.
I urge you to look at historic uses of fascism and tell me you don't see serious analogies.
Actually Terrorism and Terroristic Threats are WAYYYYYY different. I'm going to assume you are not A US citizen from the wording of your claims, so why don't you become familiar with our laws before you try to lecture me on them?
Qvar said:
Happened to me too. A friend of mine told a guard that she was a terrorist when he inspected her bag. At an airport. And she does in fact look like an stereotyped vasque (a region around here) terrorist.
Fortunately I don't live in a sick, paranoid state.
So I'm assuming your friend did this when Spain was in a heightened threat level after the Madrid train bombings? No? Well, this guy said he was going to shoot up a school right after a school shooting. See my point? Also, you kindda do live in a "sick, paranoid state" if your government is stereotyping people as terrorists. Welcome to the club.
Strazdas said:
Then you meant the kid, which confused me, because i didnt understand what exactly are you suggesting? if we ignore the kids initial comment - yeah thats perfectly reasonable. if we ignore his arguments in court? that would be bad. sorry, i may just fail at understanding you here.
So what does "kid" mean to you? Cus this guy was 18 or 19 at the time of arrest. Stop trying to make him sound more sympathetic with the "think of the children" tactic. It is poor form. Now, my point was if we ignore the defendant's (the arrested, the one who made the statement) statement on the count of it "being a joke" then we can never arrest anyone for any threat ever again because they will ALL be jokes.
Speech is expression of thought. internet forums is part of speech. this is very much thought police. you cant express your opinions (or jokes) or police will use it as "Evidence" to arrest you for no crime.
Actions are also an expression of thought, so obviously nothing should be illegal least we infringe upon anyone's personal right to express themselves. If this was made in a private venue than I would be more willing to discuss the legality of it, but it was made on a public forum and became public record.
I did once actually. at that time i didnt even knew he was a cop actually. but we knew the context and he understood the joke. these cops however do not seem to bother. if a cop called me crazy and i responded with "oh yeah im totally going to kill somone" only a mentally challenged cop would not understand it was sarcasm. Its not that they dont understand its a joke, its that they want to persecute because someone took offense on a joke.
So what I can gather from your cherry picked story is that you made a joke to someone you knew and they took it as a joke. Unless you are telling me you went up to an undercover and made the joke... So this means the joke was made in a social environment privately between two individuals. I'm saying just stand near a uniformed officer and say loudly enough for him/her to hear you say you are going to shoot children and eat their hearts.
see, according to your argument it does not need to be. all it need is that i think it is. that is, my personal deranged mind may mean you recieve a perma-ban. and that is not a good stance to take.
Free speech does not excempts jokes, and this was a joke. So yes, it still was covered under free speech. Threat requires intent and means. In this case there were neither.
I even linked the law, why didn't you read it?
"(a) A person commits an offense if he
threatens to commit any offense involving violence to any person or property with intent to:"
So, false as I never made a comment that could in any way imply harm to you or to property. Nice try though.
but you already sent him to jail for a crime you dont even know if he is capable of commiting. What should have happened is he was summoned to court, perhaps with an agreement not to leave the city. there was no reason neither logically nor by law to jail him. not to mention that the bail posted was highest the lawyer saw in his career and was clearly made so unrealistic as to keep the person in for biased reasons.
Yes, law needs to prove means, because intent without means is not criminal. in fact means with intent is not criminal unless there is actionable intent. Either case they have neither. You do not arrest somone and then say that "we may try to prove you may commit a crime in the future". that is unworkable. You need to have reasonable doubt to perform an arrest to begin with. Police officers have no power to arrest on a whim. In fact they need to file a lot of paperwork explaining themselves every time they arrest somone to make sure the arrest was needed. (technically this should avoid bad arrests, rpactically oversight is not perfect).
He was not in jail for a crime, he was in jail because that's where you wait for your trial if you don't pay the bail. That's how the system works for severe cases... There is a clause in every terroristic threat law that details what the bail can be.
"...intent without means is not criminal..." False, read the law again.
"(a) A person commits an offense if he
threatens to commit any offense involving violence to any person or property with intent to:"
You keep talking on a very personal level. I don't care. I'm reading the law. What you and I
think should happen is irrelevant because up to this point everything has been done in accordance with the law.
But thats not what law requires. what law requires is for me to fear of my well being, not for you to made comments about it. the law is essentially unowrkable because the only proof it needs is my statement which i can be pulling out of my ass.
I have to leave this here, AGAIN...
"(a) A person commits an offense if he
threatens to commit any offense involving violence to any person or property with intent to:"
Any evidence of that? because as far as im aware no school community reacted to this.
Not any more. There has been so much about this case on the web that the articles I were reading back at the beginning of this just don't float to the surface any more. But the cool thing is that I don't have to prove shit to you. That's what a trial is for.
If this part does not apply why did you specifically mentioned it?
This was not a threat of school shooting at a public school. it didnt happen at public school, it happened on facebook. And how public facebook is is still debatable (thought technically as far as law is concerned even websites that can only be acessed with passwrds are public, so there is no privacy on the web).
...? It does apply. I was making light of your comment about actually committing damage. That would be a completely different charge.
"(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (2) place any person in fear of imminent serious bodily injury; (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (2) is committed against a public servant."
Make more sense now that I put it into one sentence for you?
He got charged of a threat to commit a school shooting, which was not there, but we were over this multiple times already. here i was arguing that by the law you provided i can charge ANYONE with "terroristic threat" because it does not require an actual threats to be made.
It may be how the system currently works, but that does not mean we should accept it as a good system and just take the beating.
Not again...
"(a) A person commits an offense if he
threatens to commit any offense involving violence to any person or property with intent to:"