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PaperclipPerfector  13d ago (text post)   2171 thread views

Friday Fun Thread for December 20, 2024

Be advised: this thread is not for serious in-depth discussion of weighty topics (we have a link for that), this thread is not for anything Culture War related. This thread is for Fun. You got jokes? Share 'em. You got silly questions? Ask 'em.

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How is that not a threat? It's just "If you do that when I'm able to kill you, I will" but in subjunctive rather than future tense. Either way, after the criminal's release the victim has to choose between avoiding the threatened speech or getting killed.

The appeals panel's full rationale:

At the outset, we reject the notion that Chase's J-pay email constituted a threat to LGBTQ+ inmates, others, or his girlfriend, none of whom received the email. We recognize the DOC's concern and interest in preventing inmates from threatening each other or making threats against others. However, Chase's email, though vulgar, reprehensible, and distressing, does not constitute a clear and unambiguous threat based upon the objective analysis required under Jacobs v. Stephens.

In Jacobs, our [state] Supreme Court addressed whether a comment made by an inmate to a corrections officer constituted a threat. The corrections officer had asked the inmate, Jacobs, for his identification card and he responded, "Fuck you, I ain't giving you shit. If you want my ID, step in the back room." Another witness reported that, as the officer turned to walk away, Jacobs stated, "Come on, come on, I'll fuck you up." On appeal, Jacobs argued that there was insufficient evidence to support the conclusion that he threatened the officer with bodily harm. He asserted that, while he used abusive language, he did not intend to threaten the officer.

Our Supreme Court held: "The determination of whether a remark constitutes a threat is made on the basis of an objective analysis of whether the remark conveys a basis for fear." And a reasonable mind could conclude that Jacobs had threatened the officer. The Court noted, however, that other witnesses heard him make additional threatening comments. It stated: "When words of an inmate are of such a nature as would reasonably convey the menace or fear of death to the ordinary hearer, then that is a threat of bodily harm and therefore punishable under [the prison regulations]."

Here, Chase's email was directed to his girlfriend and allegedly offered to explain that he is not gay and how offended he was by her question. Unlike Jacobs, there were no witnesses to Chase's words, although they are memorialized in the email. His specific comments and disdain for the LGBTQ+ community, however, were not directed at any particular person, and there is nothing in the record to support a finding that Chase intended to harm any of his fellow inmates who may be gay, or his girlfriend. We are not persuaded that Chase's unsent email reasonably conveyed any menace or put any individual in fear of death to constitute a true threat of bodily harm.

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