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#1
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On Mon, 26 Dec 2005 19:26:04 -0800, Frank Gilliland wrote:
On 27 Dec 2005 00:17:54 GMT, "Christy D" wrote in : On 26 Dec 2005 14:28:34 -0800, an_old_friend wrote: [a bunch of pipe dreams] Here is the real truth: You can be charged with stalking, fined $1,000, and sent to jail for one year. If you threatened someone's life, you can be charged with a felony, fined $10,000, and spend five years in jail. Mr. Robeson won't have to spend one penny. ===(begin quote from http://www.counseling.mtu.edu/Stalking.htm)=== According to Michigan Penal Code........ Irrelevant. Dudly lives in Tennessee (or so he claims). That makes it a federal issue which precludes state jurisdiction in both civil and Sigh. Jurisdiction was long ago addressed, but not with the outcome you claim. The overriding consideration is that the crime was committed by a Michigan resident while physically located in Michigan, and that Michigan can therefore prosecute the stalker, no matter where the victim may reside. One resource which discusses this fully is available freely on the web. It is written in language simple enough for a layman like yourself to understand. Here, let me quote part of it. N.B. the final paragraph. Emphasis added for clarity. ====(from Cyberage Stalking by Barbara Fullerton)==== Most stalker cases are prosecuted at the state and local level, so it is up to each state to provide language that will protect potential victims. Most often, first time offenders are given lenient fines or punishments. Some state laws need to be changed to offer more severe punishments. All 50 states have stalking laws, and about 42 states now have laws that include electronic communications as a harassment tool or in some way relate to cyberstalking. States that do not have laws yet a Utah, New Jersey, New Mexico, Idaho, Nebraska, and DC. In 1993, *Michigan was the first state to pass a stalking law that included the words electronic harassment.* It has been a challenge for the states to find a balance between a law that involves expressive conduct and speech which is protected under the First Amendment, and laws that protect victims and forbid harassment and provide privacy. Another problem is the accused may not be in the same jurisdiction as the victim, or where the offense occurred. But in these instances, states have broadened their jurisdiction rules to help address cybercrimes that are not part of their harassment laws, like jurisdiction. *In their jurisdiction laws, courts can look at where the stalking began, various sites the messages may have passed, and the physical location of the stalker.* |
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#2
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On 27 Dec 2005 14:27:50 GMT, "Major Dud in drag"
wrote in : On Mon, 26 Dec 2005 19:26:04 -0800, Frank Gilliland wrote: On 27 Dec 2005 00:17:54 GMT, "Christy D" wrote in : On 26 Dec 2005 14:28:34 -0800, an_old_friend wrote: [a bunch of pipe dreams] Here is the real truth: You can be charged with stalking, fined $1,000, and sent to jail for one year. If you threatened someone's life, you can be charged with a felony, fined $10,000, and spend five years in jail. Mr. Robeson won't have to spend one penny. ===(begin quote from http://www.counseling.mtu.edu/Stalking.htm)=== According to Michigan Penal Code........ Irrelevant. Dudly lives in Tennessee (or so he claims). That makes it a federal issue which precludes state jurisdiction in both civil and Sigh. Jurisdiction was long ago addressed, It appears that both you and Dudly had the same lysdexic English teacher in High School. but not with the outcome you claim. The difference between state and federal jurisdiction has been argued in the courts for over 200 years and is now very well defined. That difference is reflected in the application of internet stalking laws at the state and federal levels. The passage of VAWA clearly indicates that the federal government recognizes the limitations of state jurisdiction when it comes to interstate stalking via the internet. The overriding consideration is that the crime was committed by a Michigan resident while physically located in Michigan, and that Michigan can therefore prosecute the stalker, no matter where the victim may reside. Wrong. If the crime was "committed" across state boundries, as would be the case if the alleged perp was in Michigan and the alleged victim in Tennessee, the jurisdiction is strictly federal -- the alleged crime can be prosecuted -only- under federal law. If you need legal precedents then I suggest you study some statutory and case law regarding postal and telecommunications crimes. And it's very likely that, in the future, states will be prohibited from prosecuting internet crimes -within- state boundries for the very same reasons that intrastate postal crimes now fall under federal jurisdiction. One resource which discusses this fully is available freely on the web. It is written in language simple enough for a layman like yourself to understand. Here, let me quote part of it. N.B. the final paragraph. Emphasis added for clarity. ====(from Cyberage Stalking by Barbara Fullerton)==== I'll do you one better and provide the link: http://www.llrx.com/features/cyberstalking.htm snip to semi-relevant paragraph Another problem is the accused may not be in the same jurisdiction as the victim, or where the offense occurred. But in these instances, states have broadened their jurisdiction rules to help address cybercrimes that are not part of their harassment laws, like jurisdiction. *In their jurisdiction laws, courts can look at where the stalking began, various sites the messages may have passed, and the physical location of the stalker.* States cannot "broaden their jurisdiction rules" to include other states. That's firmly established law. And I can't imagine why you didn't include this little bit of prose your quote: "There are some ways to help stop cyberstalking: self-regulatory, ignore the stalking, and self-protection. Self-regulatory and self-protection practices can include turning off the computer, changing your email address a few times a year, or dropping out of discussion groups." IOW, the "victim" needs to use some common sense. And I noticed you snipped the rest of my post. Very Dudly-esque. ----== Posted via Newsfeeds.Com - Unlimited-Unrestricted-Secure Usenet News==---- http://www.newsfeeds.com The #1 Newsgroup Service in the World! 120,000+ Newsgroups ----= East and West-Coast Server Farms - Total Privacy via Encryption =---- |
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#3
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Frank Gilliland wrote: On 27 Dec 2005 14:27:50 GMT, "Major Dud in drag" And I can't imagine why you didn't include this little bit of prose your quote: "There are some ways to help stop cyberstalking: self-regulatory, ignore the stalking, and self-protection. Self-regulatory and self-protection practices can include turning off the computer, changing your email address a few times a year, or dropping out of discussion groups." IOW, the "victim" needs to use some common sense. And I noticed you snipped the rest of my post. Very Dudly-esque. Sounds like Steve should tuck tail. |
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#6
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LMFAO at Mark. he and you will **** your pants when he get letter this
week. ah ahahahahaha! |
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#7
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Mark Freak wrote: LMFAO at Mark. he and you will **** your pants when he get letter this week. ah ahahahahaha! Why? If a letter should actually come it will be fairly easy for Mark to show that Steve has been harassing Mark in this newsgroup for years. |
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#8
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From: Frank Gilliland on Tues, Dec 27 2005 11:46 pm
On 27 Dec 2005 19:26:19 -0800, wrote in Frank Gilliland wrote: On 27 Dec 2005 14:27:50 GMT, "Major Dud in drag" Sounds like Steve should tuck tail. He won't. He can't. His bruised ego won't let him concede because, in his warped little mind, that would be the same as admitting his many lies. He is so locked into defending his Walter Mitty complex that he would rather stay in the newsgroup and fight a losing battle in hopes that everyone else goes away or dies off before him so he can have the last word. No, he's not stupid; just mentally ill. That's what I've been saying in here for years... :-( Tell-tale signs of that psychosis showed up years ago after I explained the "Big Lie" technique of propaganda used by others, giving the historical reference of NAZI Germany and their successful use of that technique. As part of Dudly's "mirror syndrome," he ignored that and started to call my postings as "Goebbels-esque" just for disagreeing with Dud. :-) [reference being the NAZI propaganda minister in the 30s and early 40s Germany for all the young sprouts in here] Suddenly Dud was "outraged" by any references to Nazism even though he was born a decade after the NAZIs were defeated, had never had any relative in a concentration camp, nor had he been a victim of any NAZI atrocity. Yet Dud ACTED just like the SA did in the very best "Krystalnacht" manner in here...and then in the SS manner (after the SA "brown shirts" had been tossed). It's all a part of the mirror syndrome. The sufferer realizes what he is doing but can only see all the OTHERS as behaving as he does. He sees a reflection only of himself as the LIAR but tries to call everyone else a LIAR. Extreme rationalisation founded on basic survival needs. Calling everyone else what Dud shows himself to be is a classic mirror syndrome. Sick. |
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#9
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wrote: From: Frank Gilliland on Tues, Dec 27 2005 11:46 pm On 27 Dec 2005 19:26:19 -0800, wrote in Frank Gilliland wrote: On 27 Dec 2005 14:27:50 GMT, "Major Dud in drag" Sounds like Steve should tuck tail. He won't. He can't. His bruised ego won't let him concede because, in his warped little mind, that would be the same as admitting his many lies. He is so locked into defending his Walter Mitty complex that he would rather stay in the newsgroup and fight a losing battle in hopes that everyone else goes away or dies off before him so he can have the last word. No, he's not stupid; just mentally ill. That's what I've been saying in here for years... :-( sadly it seems so true Tell-tale signs of that psychosis showed up years ago after I explained the "Big Lie" technique of propaganda used by others, giving the historical reference of NAZI Germany and their successful use of that technique. As part of Dudly's "mirror syndrome," he ignored that and started to call my postings as "Goebbels-esque" just for disagreeing with Dud. :-) [reference being the NAZI propaganda minister in the 30s and early 40s Germany for all the young sprouts in here] I know of his work well Suddenly Dud was "outraged" by any references to Nazism even though he was born a decade after the NAZIs were defeated, had never had any relative in a concentration camp, nor had he been a victim of any NAZI atrocity. Yet Dud ACTED just like the SA did in the very best "Krystalnacht" manner in here...and then in the SS manner (after the SA "brown shirts" had been tossed). It's all a part of the mirror syndrome. The sufferer realizes what he is doing but can only see all the OTHERS as behaving as he does. He sees a reflection only of himself as the LIAR but tries to call everyone else a LIAR. Extreme rationalisation founded on basic survival needs. Calling everyone else what Dud shows himself to be is a classic mirror syndrome. Sick. indeed I suspect he may have told some lawyer a distorted tale of woe making nothing his fault . I have alwasy sasid he may be able to cost a me a retaier althought if he files this time from this threat, I will first try to have it dismissed working pro se, but if I have to spend the retainer I will counter sue him for his years of libel I dod hope I can reconize what ever charges stevie makes if he tries to make them the hard part is establishing damgages that is what lawyers have been telling me for years |
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