Comments on: The Lori Drew Case: Why Not Rule on the Motions?

By: A.W.

A.W. — Wed, 26 Nov 2008 21:17:33 +0000

fyi, drudge says she was convicted on more minor charges. its only a newsflash, no link, but this is what drudge says:

“NO JAIL: Missouri mother in MYSPACE cyber-bullying case convicted of lesser misdemeanor charges… Developing…”

I believe he is talking about the same case.

Which, is not an upsetting outcome. it puts a conviction on her punch card, so that for the rest of her life, employers are going to be asking her about that, and i suspect a little private justice, in the form of lost wages, will be brought to bear on her.

i think i would have preferred maybe a year in prison, but that isn’t a bad outcome.

By: Benjamin Wright

Benjamin Wright — Wed, 26 Nov 2008 15:06:20 +0000

Lori Drew’s case is about cyberbullying, which is behavior for which society has little tolerance. Cyberbullying is poison for anyone it touches. An institution like Myspace — or a library or a school, which provides patrons, students or guests access to the Internet — has plentiful incentive to stamp out cyberbullying within its system and its PCs. –Ben

By: Jason W.

Jason W. — Tue, 25 Nov 2008 04:13:19 +0000

Sean M. hits the key point, I think — what’s the one thing a judge hates over all else? Reversal. Why take unnecessary chances?

By: Sean M.

Sean M. — Tue, 25 Nov 2008 02:22:12 +0000

I should also add that Fed. R. Crim. Pro. 29 explicitly allows reservation on the motion. This is not at all unusual.

The Federal Rules of Civil Procedure have a similar process for the civil equivalent, the motion for judgment as a matter of all.

By: Sean M.

Sean M. — Tue, 25 Nov 2008 02:19:15 +0000

I think the commenter above is correct.

Also (I think) if the judge grants the motion and discharges the jury, the government has a right to appeal the dismissal of the indictment and we can end up with a new trial. If the judge reserves on the motion and the jury acquits, not only is the motion mooted, but the government has no right to appeal.

By: Bobo Linq

Bobo Linq — Tue, 25 Nov 2008 02:00:22 +0000

District judges routinely let cases go to verdict before ruling on motions to dismiss an indictment or for acquittal. If the jury acquits, the judge can avoid ruling at all. If the jury convicts and the judge then flips the jury, then if the judge is reversed on appeal, the jury’s verdict can simply be reinstated.