Posted February 18, 2015
low rated
Jonesy89: Um. How do I put this? There actually have been a few close shaves involving SWATting, and that shit can very easily lead to someone dying. Maybe it's not the same as someone going out and killing someone themselves, but there are legal (to say nothing of moral) arguments that someone who falsely calls the police to alert them of a situation that is so dangerous that a SWAT team should be sent is guilty of any deaths that result from their actions.
But wait, the legal consequences are even more fun thanks to a little thing called felony murder/misdemeanor manslaughter. Fun fact: in some jurisdictions, if you commit a dangerous felony or misdemeanor, any deaths that were foreseeable outcomes of that crime are on you without the government needing to prove that you committed murder/misdemeanor manslaughter. Under that approach, the prosecution has a comparatively easier time of convicting, because they don't need to prove the elements of murder (which is a much tougher thing to sell a jury on); all they need to do is prove that (1) you committed a misdemeanor/felony and (2) that the resulting death was foreseeable. The former will be made easier thanks to the recording of the initial 911 call, and the latter is child's play considering that the intended result of the crime was to deploy a bloody SWAT team in a country where police shoot people all the damn time. Now, admittedly, felony murder is usually treated as requiring that the underlying felony be one of a list of enumerated dangerous felonies, which does not include abusing 911; that said, if this shit goes on for long enough, I don't think it's out of the realm of possibility that judges and/or legislators will be anything but short on pressure to clarify that it counts as a dangerous felony for the felony murder rule. Add in that in some jurisdictions that misusing 911 to call in false reports can be classified as a felony under certain circumstances, and you have a recipe for potential felony murder. Incidentally, felony murder here in the States is treated as first degree murder, meaning that if you are unlucky enough to be in a state that still has the death penalty, you've got a chance of being pumped full of a nice poison cocktail which may or may not react poorly with your system.
So no, noone's gone out and pulled a trigger themselves, but there seem to be people out there who don't seem to realize that they are on the verge of achieving the same thing through SWATting. I agree with the author insofar as people, regardless of their affiliation with GG, who pull this shit do belong in jail, especially if anyone dies as a result.
Of course this isn't unique to Gamergate at all... But wait, the legal consequences are even more fun thanks to a little thing called felony murder/misdemeanor manslaughter. Fun fact: in some jurisdictions, if you commit a dangerous felony or misdemeanor, any deaths that were foreseeable outcomes of that crime are on you without the government needing to prove that you committed murder/misdemeanor manslaughter. Under that approach, the prosecution has a comparatively easier time of convicting, because they don't need to prove the elements of murder (which is a much tougher thing to sell a jury on); all they need to do is prove that (1) you committed a misdemeanor/felony and (2) that the resulting death was foreseeable. The former will be made easier thanks to the recording of the initial 911 call, and the latter is child's play considering that the intended result of the crime was to deploy a bloody SWAT team in a country where police shoot people all the damn time. Now, admittedly, felony murder is usually treated as requiring that the underlying felony be one of a list of enumerated dangerous felonies, which does not include abusing 911; that said, if this shit goes on for long enough, I don't think it's out of the realm of possibility that judges and/or legislators will be anything but short on pressure to clarify that it counts as a dangerous felony for the felony murder rule. Add in that in some jurisdictions that misusing 911 to call in false reports can be classified as a felony under certain circumstances, and you have a recipe for potential felony murder. Incidentally, felony murder here in the States is treated as first degree murder, meaning that if you are unlucky enough to be in a state that still has the death penalty, you've got a chance of being pumped full of a nice poison cocktail which may or may not react poorly with your system.
So no, noone's gone out and pulled a trigger themselves, but there seem to be people out there who don't seem to realize that they are on the verge of achieving the same thing through SWATting. I agree with the author insofar as people, regardless of their affiliation with GG, who pull this shit do belong in jail, especially if anyone dies as a result.
http://www.crimeandfederalism.com/2015/01/gamergate-swatting-and-zoe-quinn.html