Tyler Clementi
PAPER MUST BE 2-3 PAGES IN LENGTH (DO NOT GO BY WORD COUNT) DOUBLE SPACED WITH 12 POINT FONT. USE PROPER APA THROUGHOUT PAPER AND USE REFERENCES PROVIDED BELOW PLEASE.
In September 2010, Rutgers University student Tyler Clementi committed suicide by jumping off the George Washington Bridge. The suicide occurred after the 18-year-old discovered that his intimate encounter with another man in his dorm room was broadcast on the Internet. The offenders, Dharun Ravi and Molly Wei, set up a webcam and live streamed Clementi’s encounter without his knowledge. In April 2011, Ravi was indicted on 15 counts, including invasion of privacy and bias intimidation. Wei was offered a plea bargain to testify against Ravi. Neither offender was charged with the death of Tyler Clementi. Questions remain as to whether this was merely a display of cyber-hate or if this incident could legally be deemed a hate crime.
For this assignment, review the Tyler Clementi case and think about whether or not Clementi’s right to privacy was violated. Consider whether the offense should be considered cyber-hate or a hate crime. Then think about why the offenders were not legally charged with Clementi’s death.
The Assignment (2–3 pages)
- Explain whether or not Tyler Clementi’s constitutional right to privacy was violated.
- Explain whether the offense should be considered cyber-hate or classified as a hate crime.
- Explain why the offenders were not legally charged with the death of Tyler Clementi.
READINGS
- Course Text: Taylor, R. W., Fritsch, E. J., & Liederbach, J. (2015). Digital crime and digital terrorism.(3rd ed.). Upper Saddle River, NJ: Pearson.
- Chapter 9, “Anarchy and Hate on the World Wide Web”
- Article: Bailey, J. (2004). Private regulation and public policy: Toward effective restriction of Internet hate propaganda. McGill Law Journal, 49(1), 59–103.
Retrieved from the Walden Library using the Business Source Complete database. - Article: Foderaro, L. W. (2010, September 29). Private moment made public, then a fatal jump. The New York Times. Retrieved from http://www.nytimes.com/
2010/09/30/nyregion/30suicide. html - Article: Guichard, A. (2009). Hate crime in cyberspace: The challenges of substantive criminal law. Information & Communications Technology Law, 18(2), 201–234.
Retrieved from the Walden Library using the Communication & Mass Media Complete database. - Article: Hu, W. (2010, October 2). Legal debate swirls over charges in a student’s suicide. The New York Times, p. A15.
Retrieved from the Walden Library using the ProQuest Central database. - Article: Perry, B., & Olsson, P. (2009). Cyberhate: The globalization of hate. Information & Communications Technology Law, 18(2), 185–199.
Retrieved from the Walden Library using the Computers & Applied Sciences Complete database.
Website
- Article: International Network Against CyberHate (INACH). (n.d.). Retrieved December 15, 2011, fromhttp://www.inach.net
Solution Preview
Tyler Clementi
Violation of privacy depends on the context. There is some context that individuals rights to privacy can be perceived to be violated while there some that one cannot conclude to be a violation. According to the Tyler Clementi case, there was a violation of human rights to privacy. (Foderaro 2010). The actions of Clementi were personal issues and should not to any extent shared to via the internet. Human beings should be free to intimidate individuals of their choice. Furthermore, the constitution also does not discourage gay, thus, individuals should not be punished for being gay. Hence, Tyler Clementi right to privacy was constitutionally violated.
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