Wednesday, September 23, 2009

Dissent

The ruling of the court was 6-3 with 3 of the Justices dissenting.

Justice Roberts dissenting, “I dissent, because I think the indisputable facts exhibit a clear violation of Constitutional rights.

This is not a case of keeping people off the streets at night as was Hirabayashi v. United States, nor a case of temporary exclusion of a citizen from an area for his own safety or that of the community, nor a case of offering him an opportunity to go temporarily out of an area where his presence might cause danger to himself or to his fellows. On the contrary, it is the case of convicting a citizen as a punishment for not submitting to imprisonment in a concentration camp, based on his ancestry, and solely because of his ancestry, without evidence or inquiry concerning his loyalty and good disposition towards the United States. If this be a correct statement of the facts disclosed by this record, and facts of which we take judicial notice, I need hardly labor the conclusion that Constitutional rights have been violated.”( http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/korematsu.html)

Justice Murphy found the case brought to the court fall into racism. Continuing his dissent he further stated, “In dealing with matters relating to the prosecution and progress of a war, we must accord great respect and consideration to the judgments of the military authorities who are on the scene and who have full knowledge of the military facts. The scope of their discretion must, as a matter of necessity and common sense, be wide. And their judgments ought not to be overruled lightly by those whose training and duties ill-equip them to deal intelligently with matters so vital to the physical security of the nation.

At the same time, however, it is essential that there be definite limits to military discretion, especially where martial law has not been declared. Individuals must not be left impoverished of their constitutional rights on a plea of military necessity that has neither substance nor support. Thus, like other claims conflicting with the asserted constitutional rights of the individual, the military claim must subject itself to the judicial process of having its reasonableness determined and its conflicts with other interests reconciled. "What are the allowable limits of military discretion, and whether or not they have been overstepped in a particular case, are judicial questions." (http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/korematsu.html)

Justice Jackson dissenting, ”Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here he is not law-abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived.

Even more unusual is the series of military orders which made this conduct a crime. They forbid such a one to remain, and they also forbid him to leave. They were so drawn that the only way Korematsu could avoid violation was to give himself up to the military authority. This meant submission to custody, examination, and transportation out of the territory, to be followed by indeterminate confinement in detention camps.”(http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=323&invol=214)

Your Own Argument

During the Second World War, the United States was with Japan which ultimately made Germany and the axis powers to declare on the United States. The war with Japan caused the United States to become paranoid of sensitive information being in the hands of the enemy causing the President to give executive permission to the military to do what was necessary to prevent espionage and sabotage. Although the war was also with Germany, Italy and their allies, only hand full of Germans was being watched by the FBI which later was trialed and allowed to defend themselves. In the Japanese-American case, all American citizens with Japanese ancestry had to be evacuated from the west coast into internment camps without trial. There was no evidence of disloyalty to the U.S. by the Japanese-Americans. Seditious Japanese – as well as Germans and Italians, were already known to the FBI. Questionable Germans were permitted to defend themselves and prove their loyalties, although several thousand were also incarcerated like the Japanese-Americans. The 112,000 Japanese-Americans, however, never had an opportunity to defend themselves; their property was confiscated and apologies and restitution only came in the 1980s under the presidency of Ronald Reagan.”( http://modern-us-history.suite101.com/article.cfm/japaneseamerican_internment_in_1942)

It wasn’t until 1983 when the conviction of Korematsu was on trial with Judge Marilyn H. Patel overturned his conviction which later in 1988 that federal law provided conpensation and apologies to the Japanese-American that been relocated. In light of that information, Judge Marilyn H. Patel of Federal District Court in San Francisco overturned Mr. Korematsu's conviction in November 1983. In 1988, federal law provided for payments and apologies to Japanese-Americans relocated in World War II.” (http://www.nytimes.com/2005/04/01/national/01korematsu.html)

Even after the turnover of his conviction, Korematsu still advocate civil rights even to those who are citizen of the United States and even challenged President Bush on his prison camps. Indeed, the Korematsu case was cited as recently as April 2004. At issue before the Supreme Court was whether U.S. courts could review challenges to the incarceration of mostly Afghan prisoners held at Guantanamo Bay Naval Station in Cuba in the aftermath of the Sept. 11, 2001, terrorist attacks. Korematsu, then 84, filed a friend-of-the-court brief saying, "The extreme nature of the government's position is all too familiar." (http://seattletimes.nwsource.com/html/nationworld/2002226476_webkorematsuobit31.html)

Rule of Law

During war, that the military of United States Government may take whatever steps needed to protect the country from every possible espionage and sabotage to national-defense materials, premises and utilities even if that means going against/stripping the constitutional right that is given to each person.

Reasoning of the Court

The reasoning of the court that majority of the Justices were in concurring the fact that it was war time and the president has been given power to ensure a victory. Justice Frankfurter states, The provisions of the Constitution which confer on the Congress and the President power to enable this country to wage war are as much part of the Constitution as provisions looking to a nation at peace. And we have had recent occasion to quote approvingly the statement of former Chief Justice Hughes that the war power of the Government is "the power to wage war successfully." Therefore, the validity of action under the war power must be judged wholly in the context of war. That action is not to be stigmatized as lawless because like action in times of peace would be lawless.” (http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/korematsu.html)

Military authorities also stated that just having a curfew was not sufficient enough to prevent espionage. The military went as far as removing anyone with Japanese ancestry from the west coast into camps. Stated from Justice Black opinion of the court, Nothing short of apprehension by the proper military authorities of the gravest imminent danger to the public safety can constitutionally justify either. But exclusion from a threatened area, no less than curfew, has a definite and close relationship to the prevention of espionage and sabotage. The military authorities, charged with the primary responsibility of defending our shores, concluded that curfew provided inadequate protection and ordered exclusion. They did so, as pointed out in our Hirabayashi opinion, in accordance with Congressional authority to the military to say who should, and who should not, remain in the threatened areas.”(http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=323&invol=214)

Decision of the Court

The decision of the Supreme Court was delivered by Justice Hugo Black on December 18, 1984 on the Korematsu vs United States case where Justice Black states, “Exclusion Order No. 34, which the petitioner knowingly and admittedly violated, was one of a number of military orders and proclamations, all of which were substantially based upon Executive Order No. 9066, 7 Fed. Reg. 1407. That order, issued after we were at war with Japan, declared that "the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities. . . ." (http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/korematsu.html)

It was for the reason that it was impossible for the United States Military to determine who is loyal and disloyal quick enough that it was in responsibility of the military with the authorization of the president to move and isolate any American citizen with Japanese ancestry. “In this case the petitioner challenges the assumptions upon which we rested our conclusions in the Hirabayashi case. He also urges that by May 1942, when Order No. 34 was promulgated, all danger of Japanese invasion of the West Coast had disappeared. After careful consideration of these contentions we are compelled to reject them.

Here, as in the Hirabayashi case, ". . . we cannot reject as unfounded the judgment of the military authorities and of Congress that there were disloyal members of that population, whose number and strength could not be precisely and quickly ascertained. We cannot say that the war-making branches of the Government did not have ground for believing that in a critical hour such persons could not readily be isolated and separately dealt with, and constituted a menace to the national defense and safety, which demanded that prompt and adequate measures be taken to guard against it."

Like curfew, exclusion of those of Japanese origin was deemed necessary because of the presence of an unascertained number of disloyal members of the group, most of whom we have no doubt were loyal to this country. It was because we could not reject the finding of the military authorities that it was impossible to bring about an immediate segregation of the disloyal from the loyal that we sustained the validity of the curfew order as applying to the whole group. In the instant case, temporary exclusion of the entire group was rested by the military on the same ground. The judgment that exclusion of the whole group was for the same reason a military imperative answers the contention that the exclusion was in the nature of group punishment based on antagonism to those of Japanese origin....” (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=323&invol=214)

Justice Murphy dissented, declaring, “This exclusion of 'all persons of Japanese ancestry, both alien and non-alien,' from the Pacific Coast area on a plea of military necessity in the absence of martial law ought not to be approved. Such exclusion goes over 'the very brink of constitutional power' and falls into the ugly abyss of racism.” (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=323&invol=214)

Justice Jackson also dissented, stating, A citizen's presence in the locality, however, was made a crime only if his parents were of Japanese birth. Had Korematsu been one of four-the others being, say, a German alien enemy, an Italian alien enemy, and a citizen of American-born ancestors, convicted of treason but out on parole- only Korematsu's presence would have violated the order. The difference between their innocence and his crime would result, not from anything he did, said, or thought, different than they, but only in that he was born of different racial stock.

Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable. Even if all of one's antecedents had been convicted of treason, the Constitution forbids its penalties to be visited upon him, for it provides that 'no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attained.' Article 3, 3, cl. 2. But here is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign. If Congress in peace-time legislation should [323 U.S. 214, 244] enact such a criminal law, I should suppose this Court would refuse to enforce it.” (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=323&invol=214)

Wednesday, September 16, 2009

EOC - Week 10 - What do I think about the Supreme Court?

I think the Supreme Court is a necessary both only if the right people are in it. Who is it that determines who is right for the job? Should the United States of America allow someone who is highly religious views take a seat in the Supreme Court? Since the United States of America is suppose to have a separation between religion and state, why do we have laws that benefit people who marry when marriage in the old days was done for business benefits and the only reason they had a priest attend it is wish the married couple good luck in the name of god on the endeavors. So it brings up the question about the people being appointed to chief justice because they are perfect for the job or because Mr. President wants someone in his favor? Does the public are well aware of the cases that are brought on to the Supreme Court? The supreme court seems a little bit iffy when you got 9 old dudes (and dudettes) debating with each other about matters like what kind of legal grounds does pornography has.

However for the most part, it removes deciding power from the president so not one person has all the power and having nice chief justices should give variety of ideas and opinions which represent the people or at least majority of the public.

I wonder if there will be a period in the future where we would not need a supreme court. Imagine how that’ll be? Does the president have all of the deciding power? Or we are going to live in a stateless environment where people actually get along with each other and help one another. We can only hope people would live peaceful with each other! That is for sure.

Wednesday, September 9, 2009

Issues of the Case

Following the attack on Pearl Harbor by the Japanese, the U.S. has issued several military order and restrictions on anyone with Japanese ancestry. Because of such restrictions, some were bound going against authority.

The petitioner, an American citizen of Japanese descent, was convicted in a federal district court for remaining in San Leandro, California, a 'Military Area', contrary to Civilian Exclusion Order No. 34 of the Commanding General [323 U.S. 214, 216] of the Western Command, U.S. Army, which directed that after May 9, 1942, all persons of Japanese ancestry should be excluded from that area. No question was raised as to petitioner's loyalty to the United States. The Circuit Court of Appeals affirmed,1 and the importance of the constitutional question involved caused us to grant certiorari.(http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=323&invol=214)

Exclusion Order No. 34, which the petitioner knowingly and admittedly violated was one of a number of military orders and proclamations, all of which were sub- [323 U.S. 214, 217] stantially based upon Executive Order No. 9066, 7 Fed.Reg. 1407. That order, issued after we were at war with Japan, declared that “the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities. ...”(http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=323&invol=214)

One of the series of orders and proclamations, a curfew order, which like the exclusion order here was promulgated pursuant to Executive Order 9066, subjected all persons of Japanese ancestry in prescribed West Coast military areas to remain in their residences from 8 p.m. to 6 a.m. As is the case with the exclusion order here, that prior curfew order was designed as a "protection against espionage and against sabotage." In Hirabayashi v. United States, 320 U.S. 81, we sustained a conviction obtained for violation of the curfew order. The Hirabayashi conviction and this one thus rest on the same 1942 Congressional Act and the same basic executive and military orders, all of which orders were aimed at the twin dangers of espionage and sabotage.(http://www.tourolaw.edu/patch/Korematsu/)

The 1942 Act was attacked in the Hirabayashi case as an unconstitutional delegation of power; it was contended that the curfew order and other orders on which it rested were beyond the war powers of the Congress, the military authorities and of the President, as Commander in Chief of the Army; and finally that to apply the curfew order against none but citizens of Japanese ancestry amounted to a constitutionally prohibited discrimination solely on account of race. To these questions, we gave the serious consideration which their importance justified. We upheld the curfew order as an exercise of the power of the government to take steps necessary to prevent espionage and sabotage in an area threatened by Japanese attack.(http://www.tourolaw.edu/patch/Korematsu/)

Illicit

Illicit trade has numerous affects on me as an art student. One day, I would like to be able to produce my own intellectual property and sell it for a good price that I feel that is worth the time, effort and materials used that I put into it. However if these counterfeiter create a copy of my creation and sell it at a cheaper price to undermine my worth, I would not be able to generate income to make a living because people would rather buy a fake copy and brag to their friends and their egos on how awesome they were to deceive everyone. Do not get me wrong, some people are tricked into believing that the item they are buying is real. That only means there is a higher need of educating and sense of awareness of the dangers and highly problematic situations that illicit trade creates. Some people are just too impatient and would rather disregard the consequences to satisfy their greed or people are in a situation where they are desperate and would risk life and death to take the risk. For example if a family member needs medicine for their kidneys because they will fail if they did not have the medication to treat it. The desperate man seeks out help to save their loved ones and found con-artist who tells him he can help. The con-artist takes advantage of the situation and asks for extraordinary ransoms in order to obtain the medication. After con-artist can get whatever he could get from the man, he gives him some random pills and ran off. The man gave the pills to his sick family and they immediately die and now the man not only lost his family member but he lost everything he had ever owned.

Wednesday, September 2, 2009

EOC - Week 8

If you mentioned SPAM to someone twenty years ago, no one would think much about it other than being a tasty canned good. Unless you’re a Korean War Veteran, then you might be at my throat. SPAM today has taken a who new meaning when it comes to the World Wide Web because it is a term used for soliciting and unwanted e-mail. For many, their inboxes is majority filled out with SPAM. The danger of SPAM is not from the massive clutter it produces but the potential of fraud or malice. Any innocent person accidently clicking on it because of a wireless mouse jumping all over the screen due to a bad reciever which could lead the person to accidently purchasing something they didn’t want, give permission to bypass their security to steal information or upload a virus, Trojan, malware, spyware, or worm.

From a legal perspective, SPAM can cause millions of dollars of damage if the “right” people let it. For instance if the people that sends out these SPAM e-mails to a million of random people about a brain enlargement pills (that’s made out of sugar, salt, finely pulverized rock and shredded confetti cardboard), there is a chance that out of the millions of people fall for it. Lets say 1% fall for the scam, that’s 10,000 victims. One bottle of the pills cost $40 and they can make up some kind of B.S. about shipping and charge enough $10. The con-artist would end up making $500,000. The people who take the pills not only hurt their wallets and their self-esteem for falling for this but can seriously have health problems for taking unknown substances. If you even wonder about spam, just remember that “SPAM is good in your stomach but not in your inbox.” – (Richmond Pham)

Thursday, August 27, 2009

EOC - Week 7 - What are the Landlords' Rights?

Although the land lords in the film was very restricted on what they could do to remove the trespasser, in real life circumstances, there are several steps they could have done to remedy their problem. For one instance, Carter Hayes enter the building without permission making him a trespasser and because he wasn not the real owner and was not properly leased, Drake Goodman could have easily removed him from the the property and even sue him for damaging his property. But for the movie and Hollywood sake, the story had ben embelished a bit. Never the less, another problem occurred the building was getting infested with pest. Because Goodman didn’t take action to effectively remove the pest problem at the source, making the building a danger to public health and safety and putting his tenants at risk which they could ultimately sue him for not doing his duty as land lord. In the beginning of the movie when they were filling out the paper works to purchase the house, they both embelished on several things like their income and Drake Goodman said that, “Everyone embelished a little. It is expected.”(Pacific Heights 1990). He could be sued for fraud for lying about his income and other information he made up. I think if he new his rights more and it was in a real life situation, he would have had an easier time removing Cater Hayes off his property. I thought it was pretty stupid that they could not do anything because possession is nine tenths of the law and Hayes was defending his possession. Ha! If they took the time to find out the duties and rights of being a home owner, they would not be in the situation they were in when decided to take the risky opportunity.

Wednesday, August 26, 2009

1. Facts of the Case

During World War II on May 19, 1942, when the Japanese initiated a sneak attack with its air force and bombed on Pearl Harbor. The United States of America made a rash decision to relocate western Japanese American to concentration camps by Civilian Restrictive Order No. 1, 8 Fed. Reg. 982. Violating the Fifth and Fourteen Amendment, the United States of America supreme court unwilling to acknowledge and accommodate for their decision that wrongfully accused and victimized majority of the civilians with Japanese ancestry residing in the United States regardless if they are citizens of the U.S. The prosecutor, Fred Korematsu, is stating that their decision, during the time it was made, was unconstitutional.

3's About Me

Three Names I have been called: Richmond, Raymond, Richard

Three Jobs I have had in my life (include unpaid if you have to): Foodland(Courtesy Clerk), K-Mart(Sales Representative for Electronics), PetCo(Receiving)

Three Places I Have Lived: O’ahu, Texas, Nevada

Three TV Shows that I watch: Home Improvement, Bizarre Foods with Andrew Zimmern, How It’s made

Three places I have been: Las Vegas Strip, Ala Moana Beach, Los Angeles

People that e-mail me regularly: Garret Blair Group, Amazon, Amazon Japan

Three of my favorite foods: Pizza, Pasta and Good Noodle Soup

Three cars I have driven: Corolla, Cadillac, Buick

Three things I am looking forward to: World Peace, End World Hunger, No more greed.

Wednesday, August 19, 2009

EOC - Week 6

Greed is never good. Too much of a good thing is bad because eventually you will get tired of what you are engorging yourself with and then move on to your next favorite thing and engorging yourself again without consideration or think about the consequences. Like the weight problem America is dealing with. Just because you can eat as much as you want, does not mean you should. Sure you are enjoying the savory delicious burgers as many times and as often as you want but you will be obese, have mobility problem, get diabetes, heart problems, and all the things that need adjusting. Greedy people who buy large amounts of land and declare it private so no one could enter that will never will never see, visit or use most of it.

I have never heard of anything good come out of greed other than having an advantage over another entity that is even greedier than you are. Greed causes people to be dishonest, disloyal, shrewd, uncaring towards your fellow man and surroundings. You do whatever it takes to be on top, have the advantage and make a profit.

If I could make a whack me doll, it would be the Greed and the Monetary System. I hate the fact that most of the things I do is majority based on or related to money. The idea that you can gather up large sum of money with little work and/or at the expenses of others only proved that what you gained by no real concrete effort on your part isn’t what you deserved. You can’t eat money, you can’t grow it and you can’t there’s no real value on it unless you believe it is valuable. Ethics is thrown out of the window just so you can make profit.

Wednesday, August 12, 2009

EOC Week 5

As vast as the US law is, even people have their own opinions about it. "I think the legal system has very good laws and they sound like we will be protected in many ways,..." (Polo, Diannehttp://vidaddesign.blogspot.com/) It is true that there are laws out there that are created to protect the public from abuse or being taken advantage by other individual, groups or companies. Such laws that are against murder, arson, fraud, larceny and so forth are all created to protect the people.

Even though the laws are there to protect our well being, there are still people who doubt or even complain about the legal system"… our legal system is flawed and I think the thought given by Mr. Liuzzo explains where a great deal of the problems come from." (Cross, William L.,,II http://c2animtions.blogspot.com/) Like some of our tort laws, when someone commit a libel or slander on us, if we can’t prove that it’s false even though we know it is not the truth, however is gossiping against you may continue to do so.

"There are times when I think of the law and it seems to be nothing but a hindrance to the way most of us live our lives. But from the other perspective, it is not that your freedom is squelched by the law, but your privileges are protected by it." (Thomas, David M. http://afrobirdproductions.blogspot.com/) This takes us back to my point at the top about laws protecting us. But it also shed light on this topic that depending on the perspective that the unlawful events are being viewed, people will always have different opinions on the matter. Like I always say, “One of the worst things that can even happen at an accident scene is having more than one witness observing the event.”

Wednesday, August 5, 2009

Used Cars - Crimes and Torts

Crimes
1. Assault- the guy accuses the kurt Russell things he might not have done
2. Battery- the guy in the bar slaps him and the guy fights him back
3. Fraud- Tampering with videotape
4. Illegal Gambling- betting on sports games
5. Bribery of a Public Official- while they were in the car
6. Bribery of the Attorney- other lawyer bribed others in the room
7. Obstruction of the Courtroom- disrupting the court, coming in late
8. Perjury- the girl lied under oath
9. Sexual harassment- the guy who sold the cars, grabbed the girls boob
10. Speeding- driving over the speed limit
11. Reckless driving-
12. Drug Dealing- on with the reefer
13. Unlicensed drivers
14. Driving on the the wrong side of the road
15. No registration/insurance
16. Illegal weapons/
17. Attempted assault with a deadly weapon
18. Battery with the chain when he was whipping him
19. Kidnapping/hostage- while that old man jumped on the car
20. Trespassing on private property- driving offroad
21. Driving on the shoulder
22. Cutting the car off the tow truck
23. Crossing a railroad crossing with a train in motion
24. Knowingly falsifying information to make a sale
25. Didn’t yield to the intersection while driving on the way to the lot
26. Speeding in a construction zone
27. Knowingly crashed through a police barricade
28. Damaging to federal (police) property
29. Leaving the scene of the crime
30. Jaywalking- in the end the guy who hates driving red cars
Torts
1. Damaging private property- in the bar, the guy threw the chair at the bar mirror
2. Damaging Private property- taking the girls umbrella, ruining their dinner
3. Cutting the car off the tow truck
4. Slander- accusing the judge of being crooked/ taking bribes
5. Violating the people’s dinner at the bar
6. Violation of personal property- tampering with tow truck
7. Violation of private property- letting the car loose
8. Damaging the car lot- kids crashing through warehouses

Group: David Resto, Andrw Veliz, Richmond Pham, Stacia Woody

Wednesday, July 29, 2009

What I think of the Legal System

There are many laws and regulations in the legal system in the United States of America. Not only there are hundreds of large books of just federal laws to go through but there is many different one for each individual state. Some laws are reasonably understandable. Others are outrageously strange. Maybe that is why they say that studying law at a prestigious school like Harvard will most likely make you kill yourself before you can graduate. Maybe the reason is that you’re in a highly competitive field where there are many outrageous information to tackle, competing with thousands of other hopeful law students in a school that might have cost you hundreds of thousands of dollars.

The legal system in the United States is so vast, even my business law instructor recommends us to get a lawyer when dealing with it. I use to only have a vague understanding of the law. Most of the time when TV shows that brings up a law, they would not explain in any detail on what it means. Like how certain circumstances are needed to take place for it to become a tort law. What I like to call “laws I can sue you with” laws.

It was a quite shocking to find out that there was more than 12 courts in the US. Never the less, these courts help speed up the process on getting cases done. Unlike the old days, when cases were brought to the king where he arbitrarily decide how it would end. “No one person can possibly know the entire body of law. Even learned judges and lawyers tend to specialize in certain fields.” (Essentials of Business Laws, Liuzzo, pg.3) Here is my advice to you. Get a good lawyer. Let them do the tough thinking and researching.

Wednesday, July 22, 2009

Myspace Hoax - EOC Week 2

Despite the tragic outcome, there were no undeniable evidence that the proved that Lori Drew started the hoax as a means of harming Megan Meier. Ashley Grills, Drew’s assistant, under immunity that Drew, testified that she was the one who send the final message that lead Megan to her suicide. She also stated that Drew was the one who came up with the idea for the hoax and knew Megan has depression and suicidal.

“Josh Evans”, a 16 year old boy, identity was born after Drew created a myspace account with intention as a prank on Megan Meier. Other sources stated that the prank was a means of finding out if Megan had been spreading rumors about Drew’s daughter, Sarah. Using the fake identity, “Josh Evans” contacted Megan and began sending flirtatious message to each other.
After two weeks of creating “Josh Evans”, Drew wanted to stop the prank, Sarah claimed.

A prank soon ended wrong when the “…the world would be better off without her” was sent by Grills to Megan which 20 mins later, ultimately caused Megan to hang herself. Drew’s lawyer, Dean Steward stated that Drew did not encourage or participate in the hoax and was not aware mean messages were being sent to Megan, quoted from an interview by ABC News.

Even though there was an absence of malice but she could charged for negligence for starting the hoax of creating, a handsome 16 year old boy, “Josh Evans” identity on myspace.com and did not end it herself even when she later protest the prank. That only could possibly leave her openly for negligence for not taking responsibility for her actions. She definitely got away with a slap on the rest because from my perspective, she is indirectly leading to harmful results. Then again a little fun won’t kill anyone right?