Dharun Ravi Trial - The Myth and The Facts

[Neel D]

The judge has given jail time for the following:

- ATTEMPTED invasion of privacy (Sep 21, 2010)
- trying to tell Molly Wei what to tell police
- trying to influence what Molly Wei told police
- not telling the police the complete truth
- tampering with the evidence (tweets, chats)

The judge has given probation for the following:

- Invasion of privacy (Sep 19, 2010)
- Bias intimidation (Sep 19)
- Bias intimidation (Sep 21)

A probation sentence on the more serious charges of invasion of privacy and bias intimidation show that the judge believes that these charges are unfair. He even said that he did not believe Ravi hated Clementi. Wish the judge had overturned the conviction on these charges. But, maybe the judge thought that it would create another political storm (by the LGBT militia) and make the whole saga continue if he overturned the conviction. By letting the conviction stand but giving a light sentence he has avoided a political storm and has been fair to Dharun Ravi as much as possible. Also, the bias intimidation convictions have a presumption of incarceration. The judge has probably set a bold precedent by only giving a probation sentence for this charge. It actually reduces the intensity of a hate crime charge now. The judge may have sent a message that if a serious charge is misused then he will use his power to bring down the seriousness of the charge itself.

[Neel D]

The judge speaks...

Excerpts below. Link at the bottom.

--> No matter how “unconscionable” Mr. Ravi’s conduct, Judge Glenn Berman said in a court hearing, “I can’t find it in me to remand him to state prison that houses people convicted of offenses such as murder, armed robbery and rape. “I don’t believe that that fits this case,” the judge continued. “I believe that he has to be punished, and he will be.”

--> Judge Berman noted that the punishment was harsher in some ways than what was recommended in a report by the correction official who did the presentencing interview with Mr. Ravi. That report recommended against any incarceration or fine.

--> On Wednesday, the lead prosecutor elaborated on that, telling Judge Berman that she thought a five-year sentence would have been appropriate.

--> While last week the judge reserved his harshest words for Mr. Ravi, on Wednesday he engaged in a tense exchange with Julia McClure, the first assistant prosecutor for Middlesex County, saying he would not comment on her appeal, but accusing her of “smirking” as he explained his reasoning for the sentencing.

--> In reaching his sentence, the judge said he started with the agreement the prosecution had made with Molly Wei, who had viewed the webcam with Mr. Ravi the first night he spied on Mr. Clementi and his visitor. Ms. Wei was spared prosecution in an agreement to testify against Mr. Ravi, agreeing to three years’ probation and 300 hours of community service. Believing that “consistency breeds fairness,” the judge said he gave Mr. Ravi community service and probation. “It wasn’t my deal,” he said. “It was the state’s.”

--> He argued that the Legislature intended prison terms to be attached to bias crimes that were “assaultive or violent in nature,” not invasion of privacy. “I also know his age,” Judge Berman added, calling it a mitigating factor. “I believe justice compels me to deviate from the guidelines,” he said.

http://www.nytimes.com/2012/05/31/ny...ewanted=1&_r=1

[app_engine]

Over all, Judge Berman said the sentence “was fair, it was appropriate, and most of all, it was consistent.”

[Neel D]

Dharun Ravi begins jail sentence...
http://www.nj.com/news/index.ssf/201...t_sheriff.html

Clementis reject Ravi apology...
http://abcnews.go.com/blogs/headline...-suicide-case/

[Neel D]

Dharun Ravi to be released from jail this week. The prosecution claims that the sentence was "illegal".
Ravi has appealed to overturn conviction. The prosecution has appealed for a longer jail term.

http://www.northjersey.com/news/NJ_m...e_Tuesday.html

[Neel D]

Dharun Ravi released from prison. Immigration will not initiate deportation.

http://www.nj.com/news/index.ssf/201...ed_from_m.html

[raagadevan]

"Rajat Gupta and Dharun Ravi: Two Trials, One Lesson"

-Sandip Roy in The Huffington Post

http://www.huffingtonpost.com/sandip...b_1615483.html

[inazerowmo]

one mother is crying.. becuase his son might be behind bars for x amount time
another mother is crying becuase she will never get to see her son ever again .. and the last thing his son did was to check ravi's twitter page 37 times.. before heading tothe bridge.

[Neel D]

Tyler Clementi's family plans no legal action over Rutgers webcam spying case