New bill: Jail for cyber bullying

[js207]

But who gets to define "feel bad"? I feel bad whenever I'm criticized. I feel bad when it's pointed out that I am wrong, or I made a mistake. But that is not bullying. How something makes someone else "feel" is immaterial. "Feel" is a strictly subjective term. There's no way you can legislated based on what someone else "feels".

Unfortunately, I don't think that's enough to stop politicians trying to do exactly that - and doing damage in the process. Indeed, existing laws refer to things like making you feel threatened.

Not necessarily. There are some laws which mandate the severity of punishment for certain crimes, like the three strike laws. A guy who steals a loaf of bread to feed his children will, if convicted of his third felony, be sentenced to life in prison because of such laws. There's no allowance for circumstances.

There's usually an exception for "exceptional circumstances", or indeed much broader discretion, for exactly that reason - and of course stealing a loaf of bread wouldn't be a felony anyway: there's usually a threshold like $500 for that. There's a widely-repeated tale of "life for stealing a slice of pizza" which doesn't actually fit the facts (the repeat offender in question actually got a much lesser sentence, and has gone on to commit several subsequent felonies and violate probation, which would have been prevented had he really been jailed for life).

[Thorne]

Unfortunately, I don't think that's enough to stop politicians trying to do exactly that - and doing damage in the process. Indeed, existing laws refer to things like making you feel threatened.

LOL! Yeah, there's little short of the end of the world that could stop politicians from making stupid laws!

There's usually an exception for "exceptional circumstances", or indeed much broader discretion, for exactly that reason - and of course stealing a loaf of bread wouldn't be a felony anyway:

The point is, there have been several documented cases where a judge was required by the law to issue a sentence far worse than he actually thought applicable.

[js207]

The point is, there have been several documented cases where a judge was required by the law to issue a sentence far worse than he actually thought applicable.

Perhaps - though most seem to be urban legends - but there are far more cases where judges hand out ludicrously lenient sentences.

The fears about this law seem valid though: just three months ago, a teenager was arrested here in Scotland - for posting a bad-taste joke on Twitter. IMO, when a bad joke is a "crime", the law is defective.

[Thorne]

Perhaps - though most seem to be urban legends - but there are far more cases where judges hand out ludicrously lenient sentences.

True as well! Which points to the need for judicial reform. Make judges, and prosecutors, much more accountable for their actions. If they are able to break the law with no fear of repercussions, then the law is broken.

The fears about this law seem valid though: just three months ago, a teenager was arrested here in Scotland - for posting a bad-taste joke on Twitter. IMO, when a bad joke is a "crime", the law is defective.

Absolutely! Which enhances my comment about legislating "feelings". You simply cannot legislate speech just because it might hurt someone's feelings. Hell, I'm offended by 90% of the things politicians say every day. Who do I see about getting them imprisoned for hurting MY feelings?