Special-ed student records bullying, but is accused of felony wiretapping

[jath08]

Seriously, This is just utterly crazy. What is going on with the teachers and staff that are supposed to be there to protect the safety of and provide our children with a classroom conducive to learning. Now this poor child will probably be scared to death to stand up for himself and tell anyone if there's a problem going on like bullying for fear of getting in trouble himself.


Special-ed student records bullying, but is accused of felony wiretapping - Orlando News | Examiner.com

 

[Shadow8088]

In PA, recording requires consent from all parties involved. What he did was illegal.... now, with that said, the shenanigans that followed were complete bull... The kid never should have been charged in the first place.

We wonder why bullied kids snap and go on killing sprees... this is why...

 

[jath08]

Thanks for clarification on the PA laws on that. Haven't had time to look it up.

 

[Shadow8088]

Thanks for clarification on the PA laws on that. Haven't had time to look it up.

No problem.. I lived there for 33 years before moving out here to IN.

 

[steveh_131]

Break law, go to jail.

Why do you guys hate the rule of law so much?

 

[Crossbow Porpoise]

Wrong. Pennsylvania requires *notification* of all parties involved. The law does not require consent.

 

[actaeon277]

And why not go after the school officials for witness tampering?

 

[churchmouse]

Break law, go to jail.

Why do you guys hate the rule of law so much?

Because sometimes the law just does not fit the situation.

 

[jath08]

Break law, go to jail.

Why do you guys hate the rule of law so much?

So, if you had a son that was special needs and he did this cause no one was believing him or listening to him about being bullied, you would be like"hey my son may have been bullied by two or three other kids, threatened to be burnt by a lighter and none of the teachers are doing anything about, but hey that's not the big issue here. The real issue here is that my 15 year old special needs son broke the law by recording them doing it so arrest him and charge him for it cause its the right thing to do"???

 

[KLB]

So, if you had a son that was special needs and he did this cause no one was believing him or listening to him about being bullied, you would be like"hey my son may have been bullied by two or three other kids, threatened to be burnt by a lighter and none of the teachers are doing anything about, but hey that's not the big issue here. The real issue here is that my 15 year old special needs son broke the law by recording them doing it so arrest him and charge him for it cause its the right thing to do"???

Methinks you missed the implied purple.

 

[jath08]

The real issue here is not the child unknowingly committing a crime in order to try and protect himself but its the school corporations, teachers, staff, and principle not doing there job to begin with by allowing the bullying to continue without being dealt with. Then trying to cover up there mistakes and save face by taking it out on the boy by trying to charge him and focus attention on that fact.

Sometimes, as in this instance, the crime does not necessarily inherit the punishment and any good judge should throw the case right out the window.
I hope the parents turn around and sue the school for negligence of duty for the child getting repeatedly bullied and for whatever else they can.

 

[jath08]

Methinks you missed the implied purple.

MMMMMM.. Possibly. My implied purple radar isn't working to well these days. But if I did, I apologize. It still was a good post though.

 

[IndyGunworks]

this situation does not meat the "intent" of the law... I doubt it would make it past the grand jury.

 

[KLB]

Reading about the law there it shouldn't qualify at all.

Pennsylvania Recording Law | Digital Media Law Project

The law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectation." See 18 Pa. Cons. Stat. § 5702 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter A, and then the specific provision). Therefore, you may be able to record in-person conversations occurring in a public place without consent. However, you should always get the consent of all parties before recording any conversation that common sense tells you is private.

I do not see how they could argue that common sense said this was a private conversation.

 

[pudly]

Methinks you missed the implied purple.

That's the problem with implied purple. You can pretty much always count on someone missing it. Real purple, not so much.

 

[KLB]

That's the problem with implied purple. You can pretty much always count on someone missing it. Real purple, not so much.

True. You would have to know about the history there to see it.

 

[steveh_131]

Sarcasm isn't nearly as fun when you give it away right off the bat.

I agree, this child should not be prosecuted for anything.

 

[pudly]

Someone finally appears to still have the sense that they were born with not trained out of them. The district attorney has dropped all charges against the bullied student.

Finally, Someone Acts Like An Adult: District Attorney Drops Charges Against Bullied Teen Who Recorded His Tormentors | Techdirt

 

[jforrest]

That's great news! At least someone still has a brain between their ears.

 

[jedi]

**edited***
never mind