Could someone get sued for this?

NailbunnyPD

Hypothetically speaking, let's say you were the victim of felony level crime. The adult defendant, caught on video tape, has access to expensive lawyers, and so gets off with a mere slap on the wrist, an expunged record, and simply has to pay restitution before heading off to college. Basically, they suffer no consequence for their action.

Would the victim be exposed to legal repercussions for anonymously sending the school a copy of the police report?

KidDynamite

IANAL, but this sounds like a bad idea all the way around.

I'm guessing something happened, and someone feels like there wasn't enough punishment.

So they are going to try and punish the perpetrator by informing the school of the thing?

It doesn't sound like a good idea.

nuclearalchemist

This is a very bad idea. Also, it wouldn't take very long for them to figure out who sent it, since said victim would have a grudge against the defendant.

NailbunnyPD

Its certainly a bad idea. I am just curious what the legal repercussions would be?

What about creating a website with the police report on display?

Monolithic_Dome

So what does the victim want the college to do, exactly? Punish a student for a crime that was committed before (s)he matriculated, and that has already been resolved, legally speaking?

It's been a while since I applied to college, but I don't even think that criminal background questions are part of a college application. Why would the college even care?

Dread Pirate Arbuthnot

The victim should do their best to move on and try to recover from the damage without doing potentially things that are potentially illegal or open them up to a lawsuit.

Sentry

Almost every college requires students to detail any arrests or convictions they have on record, and act accordingly if anything like that shows up.

If the... uh... someone... didn't list them, and then the... other someone... did expose that the person submitted a fraudulent application, the first someone could be dismissed from the university for that.

adytum

Well it was expunged so it's not part of the record. How would you even get a copy to send? If it's an unsealed police record then it's part of the public record and the truth is an absolute defense against slander/libel.

But you can get sued for anything. The question is, will they win, and is it worth it to potentially make your life hell while you're stuck in the legal system.

NailbunnyPD

Sentry wrote: »

Almost every college requires students to detail any arrests or convictions they have on record, and act accordingly if anything like that shows up.

If the... uh... someone... didn't list them, and then the... other someone... did expose that the person submitted a fraudulent application, the first someone could be dismissed from the university for that.

Ideally, but the crime would have occurred long after application and admission, but before entry. In the end, though, the crime will be expunged, so they will likely not have to disclose it on future applications.

CoJoeTheLawyer

I agree with the above that legally it’s not a sound decision and could levae you open to a lawsuit, but honestly, dose the "victim" really think sending an anonymous copy of the police report will really have that much of an effect. Chances are that the low level administrative staff who actually open the mail will shred it or file it away in obscurity.

NailbunnyPD wrote: »

Ideally, but the crime would have occurred long after application and admission, but before entry. In the end, though, the crime will be expunged, so they will likely not have to disclose it on future applications.

I'm sure the school has a reporting policy in place, requing all students to report to the school if they were arrested or convicted of a crime while taking courses, applying, etc., etc. Of course, this all depends on what the OP considers a felony-level crime.

kaliyama

i'm pretty sure that college applications always ask if you've been convicted of a felony. even if having the felony itself wouldn't mean he'd have his acceptance revoked, lying about it would. if it's some giant state school it may not ask this.

T. J. Nutty Nub

This is all, of course, hypothetical.

Aldo

Get over it. You win nothing back by revenge and in the end you're just living through the whole thing again.

It sucks, it is unfair, you're hurt... all perfectly normal reactions to injustice. Revenge takes neither of those away.

NailbunnyPD

CoJoeTheLawyer wrote: »

I agree with the above that legally it’s not a sound decision and could levae you open to a lawsuit, but honestly, dose the "victim" really think sending an anonymous copy of the police report will really have that much of an effect. Chances are that the low level administrative staff who actually open the mail will shred it or file it away in obscurity.

NailbunnyPD wrote: »

Ideally, but the crime would have occurred long after application and admission, but before entry. In the end, though, the crime will be expunged, so they will likely not have to disclose it on future applications.

I'm sure the school has a reporting policy in place, requing all students to report to the school if they were arrested or convicted of a crime while taking courses, applying, etc., etc. Of course, this all depends on what the OP considers a felony-level crime.

The Fire Marshall and courts considered attempted arson a felony level crime.

eternalbl

To answer your question, yes a person could be sued for that. Then it's up to the courts whether damages would be due or not. Just because what someone is saying is true doesn't protect them from being sued and having to pay damages, although in some cases it can.

CoJoeTheLawyer

NailbunnyPD wrote: »

The Fire Marshall and courts considered attempted arson a felony level crime.

Ok, knock off this vague whiny B***S*** and tell us exactly who this person is (a neighbor, a family member, etc.) what exactly this person did, what he was actually convicted of (if anything) and why you seem to have a bone to pick with this guy even after our criminal justice system, in all its infinite wisdom, has already punished this individual. Anymore passive-aggressive nonsense, and you can at least forget my help.

KaufingMan

I certainly understand the desire for revenge. If it is an expunged record there isn't anything good going to come from it.

TK-42-1

CoJoeTheLawyer wrote: »

NailbunnyPD wrote: »

The Fire Marshall and courts considered attempted arson a felony level crime.

Ok, knock off this vague whiny B***S*** and tell us exactly who this person is (a neighbor, a family member, etc.) what exactly this person did, what he was actually convicted of (if anything) and why you seem to have a bone to pick with this guy even after our criminal justice system, in all its infinite wisdom, has already punished this individual. Anymore passive-aggressive nonsense, and you can at least forget my help.

yes, because putting this all on a public forum that will probably be looked at if anything should happen would be the best idea ever. we'll need your social security number as well.

and im pretty sure the only reason he wants to do this is because the justice system not only didnt punish him, but he will have no long term reprocussions for his actions at all.

eternalbl

TK-42-1 wrote: »

CoJoeTheLawyer wrote: »

NailbunnyPD wrote: »

The Fire Marshall and courts considered attempted arson a felony level crime.

Ok, knock off this vague whiny B***S*** and tell us exactly who this person is (a neighbor, a family member, etc.) what exactly this person did, what he was actually convicted of (if anything) and why you seem to have a bone to pick with this guy even after our criminal justice system, in all its infinite wisdom, has already punished this individual. Anymore passive-aggressive nonsense, and you can at least forget my help.

yes, because putting this all on a public forum that will probably be looked at if anything should happen would be the best idea ever. we'll need your social security number as well.

and im pretty sure the only reason he wants to do this is because the justice system not only didnt punish him, but he will have no long term reprocussions for his actions at all.

Some people think way too highly of the reach of the PA forums...

Aldo

eternalbl wrote: »

TK-42-1 wrote: »

CoJoeTheLawyer wrote: »

NailbunnyPD wrote: »

The Fire Marshall and courts considered attempted arson a felony level crime.

Ok, knock off this vague whiny B***S*** and tell us exactly who this person is (a neighbor, a family member, etc.) what exactly this person did, what he was actually convicted of (if anything) and why you seem to have a bone to pick with this guy even after our criminal justice system, in all its infinite wisdom, has already punished this individual. Anymore passive-aggressive nonsense, and you can at least forget my help.

yes, because putting this all on a public forum that will probably be looked at if anything should happen would be the best idea ever. we'll need your social security number as well.

and im pretty sure the only reason he wants to do this is because the justice system not only didnt punish him, but he will have no long term reprocussions for his actions at all.

Some people think way too highly of the reach of the PA forums...

We show up on Google. It's generally not a smart idea to share too much information on this site.

eternalbl

Aldo wrote: »

eternalbl wrote: »

TK-42-1 wrote: »

CoJoeTheLawyer wrote: »

NailbunnyPD wrote: »

The Fire Marshall and courts considered attempted arson a felony level crime.

Ok, knock off this vague whiny B***S*** and tell us exactly who this person is (a neighbor, a family member, etc.) what exactly this person did, what he was actually convicted of (if anything) and why you seem to have a bone to pick with this guy even after our criminal justice system, in all its infinite wisdom, has already punished this individual. Anymore passive-aggressive nonsense, and you can at least forget my help.

yes, because putting this all on a public forum that will probably be looked at if anything should happen would be the best idea ever. we'll need your social security number as well.

and im pretty sure the only reason he wants to do this is because the justice system not only didnt punish him, but he will have no long term reprocussions for his actions at all.

Some people think way too highly of the reach of the PA forums...

We show up on Google. It's generally not a smart idea to share too much information on this site.

A nameless story is basically information-less, as far as legal repercussions go. Unless it's like trade secrets or something that's covered by an NDA.

RUNN1NGMAN

TK-42-1 wrote: »

CoJoeTheLawyer wrote: »

NailbunnyPD wrote: »

The Fire Marshall and courts considered attempted arson a felony level crime.

Ok, knock off this vague whiny B***S*** and tell us exactly who this person is (a neighbor, a family member, etc.) what exactly this person did, what he was actually convicted of (if anything) and why you seem to have a bone to pick with this guy even after our criminal justice system, in all its infinite wisdom, has already punished this individual. Anymore passive-aggressive nonsense, and you can at least forget my help.

yes, because putting this all on a public forum that will probably be looked at if anything should happen would be the best idea ever. we'll need your social security number as well.

and im pretty sure the only reason he wants to do this is because the justice system not only didnt punish him, but he will have no long term reprocussions for his actions at all.

For all we know, he didn't deserve any long-term repercussions for his actions, the justice system meted out a reasonable punishment (restitution, etc.), and the hypothetical victim is just an immense douchebag.

VisionOfClarity

TK-42-1 wrote: »

CoJoeTheLawyer wrote: »

NailbunnyPD wrote: »

The Fire Marshall and courts considered attempted arson a felony level crime.

Ok, knock off this vague whiny B***S*** and tell us exactly who this person is (a neighbor, a family member, etc.) what exactly this person did, what he was actually convicted of (if anything) and why you seem to have a bone to pick with this guy even after our criminal justice system, in all its infinite wisdom, has already punished this individual. Anymore passive-aggressive nonsense, and you can at least forget my help.

yes, because putting this all on a public forum that will probably be looked at if anything should happen would be the best idea ever. we'll need your social security number as well.

and im pretty sure the only reason he wants to do this is because the justice system not only didnt punish him, but he will have no long term reprocussions for his actions at all.

The OP isn't Batman, this isn't his call to make.

admanb

I read "felony-level crime" and imagined millionaire parents buying their child out of a conviction for rape or assault with a deadly weapon, leading the OP to a life of driven revenge. But attempted arson? Really? I'm sure the guy is a douchebag and your anger is justified, but drop it and move on.

Zombiemambo

admanb wrote: »

I read "felony-level crime" and imagined millionaire parents buying their child out of a conviction for rape or assault with a deadly weapon, leading the OP to a life of driven revenge. But attempted arson? Really? I'm sure the guy is a douchebag and your anger is justified, but drop it and move on.

Gnomeland Security

Not to play internet lawyer, but the offender can and would hold the school liable for discrimination (such as academic probation/suspension or predator registry) if he was never CONVICTED and had his record expunged. In that case, the SCHOOL could then come back after the victim for damages for forwarding the incriminating information to them which may or may not have been sealed by court proceedings.

I believe various states DO have victim protection laws that shield them from litigation depending on the types of damages that various institutions and accusers try to seek based on failed prosecution, but it really does vary by state.

Your best bet is just to avoid legal procedures and/or future liabilities that may hurt you financially, just have the guy killed. It ends up being much cheaper.

RepoMan1023

As for any criminal repercussions, that person could be charged with harassment or something similar. Just because someone is a victim of a crime, does not give them the right to stalk or continue to harass the perpetrators after they have gone through the justice system and whatever punishment they get. Unfortunately, the judge felt that getting off with a slap on the wrist was appropriate punishment and that's pretty much that.

Now civilly, oh there are a ton of stuff that can happen. You can sue anyone for near anything. He could definitely sue the sender for slander (or libel, not sure what it is for video) and the school if anything happens as the other posts mention.

On the other hand, why didn't the victims of the "attempted arson" sue the guy? Was there no damage at all? Was it just a flaming bag of poo on the front porch (yes, that is considered attempted arson in some places)? Age also plays a factor. If he was a juvenile when it happened, his record could have been sealed and the school cannot look into it or might not even be able to know about it (expunged and all). The best advice I can give the sender of the video is not do it.

ceres

You know, even if it's felt the justice system failed for this one, the VICTIM can still sue the FELON for the attempted arson and damage caused instead of trying to be a sneaky douche and mailing around anonymous documents.

Saddler

ceres wrote: »

You know, even if it's felt the justice system failed for this one, the VICTIM can still sue the FELON for the attempted arson and damage caused instead of trying to be a sneaky douche and mailing around anonymous documents.

Anything other than this seems at best childish, and at worst psychotic.

Sipex

Yeah, this could easily be swinging either way.

Are we talking attempted arson the guy poured oil all over your house, lit some wood then it rained before the oil caught or are we talking, he didn't stomp out a cigarette on your porch and your porch caught fire a bit?

CheBourgeoisNoir

ceres wrote: »

You know, even if it's felt the justice system failed for this one, the VICTIM can still sue the FELON for the attempted arson and damage caused instead of trying to be a sneaky douche and mailing around anonymous documents.

Quoted again for truth. This is what civil court is for. "Preponderance of evidence" versus "guilty beyond a reasonable doubt".

NailbunnyPD

Sipex wrote: »

Yeah, this could easily be swinging either way.

Are we talking attempted arson the guy poured oil all over your house, lit some wood then it rained before the oil caught or are we talking, he didn't stomp out a cigarette on your porch and your porch caught fire a bit?

Akin to the former. He failed to ignite the gasoline with a lit cigarette.

Anyways, thanks all for the responses.