Tag: criminal

Posted on

When fantasy crosses a criminal line

In his mind and online persona, Gilberto Valle left little doubt about the depths of his depravation: In communications over the Internet, he imagined subjecting women he knew to sex-related torture and, in some cases, murder and cannibalism.

And, prosecutors said, that activity and other actions were all part of what they described as a kidnapping conspiracy, a charge for which he was convicted in 2013.

But on Tuesday, a federal judge in Manhattan ordered Mr. Valle, 30, released on bond just hours after overturning his conviction.

The judge, in a decision released late Monday night, concluded that Mr. Valle’s Internet plotting had been “fantasy role play” and was not evidence of an actual crime.

“This is a conspiracy that existed solely in cyberspace,” the judge, Paul G. Gardephe of Federal District Court, said in a 118-page opinion that granted a judgment of acquittal to Mr. Valle, a former New York City police officer who had faced a potential life sentence for his conviction.The ruling resurrected the key issue in Mr. Valle’s widely followed trial: When does a virtual crime, contemplated in Internet chat rooms, become an actual crime?

Joseph V. DeMarco, an Internet lawyer and a former head of the cybercrime unit in the United States attorney’s office in Manhattan, said after reading the decision: “I think that the court was profoundly disturbed by the relative lack of evidence in the kinetic world corroborating the defendant’s intent to carry through on any of the communications.”

“What this case, I think, emphasizes,” Mr. DeMarco added, “is that people have broad rights to express fantasies online, which can lead to a lot of speech that people find disturbing and repugnant but which nonetheless will not cross the line into criminal liability.”

Judge Gardephe wrote that in the charged conspiracy, all communications between Mr. Valle and his alleged co-conspirators in New Jersey and overseas took place over the Internet. None of the conspirators ever met or spoke by phone, exchanged accurate information about where they lived or even knew or sought to learn one another’s true identities, he observed. Continue reading “When fantasy crosses a criminal line”

Posted on

Brain scans that predict criminality?

Brain scans of convicted felons can predict which ones are most likely to get arrested after they get out of prison, scientists have found in a study of 96 male offenders, reports Wired Science today

“It’s the first time brain scans have been used to predict recidivism,” said neuroscientist Kent Kiehl of the Mind Research Network in Albuquerque, New Mexico, who led the new study. Even so, Kiehl and others caution that the method is nowhere near ready to be used in real-life decisions about sentencing or parole.imgres-3

“Generally speaking, brain scans or other neuromarkers could be useful in the criminal justice system if the benefits in terms of better accuracy outweigh the likely higher costs of the technology compared to conventional pencil-and-paper risk assessments, says Stephen Morse, a legal scholar specializing in criminal law and neuroscience at the University of Pennsylvania. The key questions to ask, Morse says, are: “How much predictive accuracy does the marker add beyond usually less expensive behavioral measures? How subject is it to counter-measures if a subject wishes to ‘defeat’ a scan?” Continue reading “Brain scans that predict criminality?”

Posted on

Job hunting not easy with an arrest record

imgres-4Lots of people get into trouble with the law, casually or seriously, at some point in their lives. But not everyone knows how much that changes their prospects, especially when it comes to future job hunting.

While it’s generally illegal for employers to indiscriminately deny all applicants with criminal records, many still do. A quick look at New York job postings on Craigslist, for example, reveals common caveats: ‘absolutely no felony convictions’ or ‘must have clean criminal record.’

“’This is blatantly illegal hiring practice,’says Sally Friedman, a lawyer at the Legal Action Center. It’s not that it’s against the law to consider a job applicant’s past convictions. In fact, it’s kind of the opposite. The no-criminal-records-allowed policy rule, Friedman explains, may lead employers to throw out solid candidates. Continue reading “Job hunting not easy with an arrest record”