Miscarriage of justice

[FreewheelinFrank]

Alex Eckelberry has been running the story of the American school teacher prosecuted and convicted for showing porn to minors after pop-ups appeared on her classroom computer.

http://sunbeltblog.blogspot.com/2007/01/is-this-miscarriage-of-justice.html

This is a gross miscarriage of justice. The facts of the case are that the computer was running Win95, IE5, had no firewall, an ineffective AV program, no anti-spyware protection and the content filtering software put in place by the school had been allowed to lapse.

Anybody who's been around this forum for long knows that porn pop-ups will appear on a computer like this even without going to porn sites.

Alex Eckelberry says that the case has not gained media attention inside the US except in the IT community.

Anybody in the US, please read the story and give it some publicity if you can.

Cheers,

FwF

[DavidR]

If this was on school premises and the computer provided by the school then the school would/should be liable not some hapless substitute teacher probably totally unaware of the school systems and protection.

If tried by a jury of her peers, they obviously knew as much about computers as she did not much.

[FreewheelinFrank]

This is all true yet the hapless teacher is facing a maximum sentence of 40 years. (She has already been found guilty).

[DavidR]

That is what surprised me any one with an ounce of common sense wouldn't convict in these circumstances. But it seems much of the case was why didn't she pull the plug, shock perhaps.

[FreewheelinFrank]

Apparently she had been given a direct instruction *not* to turn off the computer. She physically stood in front of the monitor to prevent the children seeing the images *and* reported the incident to the authorities.

[DavidR]

This just seems so unbelievable that it could have got as far as a trial much less she was found guilty. It is almost like some plot from a film not reality.

[bob3160]

Sorry but there has to be more to this story than what's available here.
A conviction is impossible with the facts presented here.

Every story usually has 3 sides.
"as told by the accused" "as told by the prosecutor" "the actual truth"
In this scenario, there is probably a 4th side : "as told by the defense"

[OrangeCrate]

There actually is a high level of sanity in our courts system. If the facts are anywhere close to what is represented on the referenced blog, the conviction will be overturned on appeal. It's also highly likely that the ACLU is reviewing the case too.

Edit:

Bob and I were posting at the same time. His comments are correct, of course.

[Roseman]

Somethings gone amiss with Justice here, haven't heard of  or read of this matter in Australia, hopefully an Appeal is in motion is there any pettitions that anyone knows of for her ? What sort of defence did she have ? a junior Lawyer no doubt...  Roseman Downunder in Oz

[bob3160]

Bob and I were posting at the same time. His comments are correct, of course.

OrangeCrate,
I've been known to pull a few blunders in my time.....


By the way, this topic could be considered off-topic and therefore could also get closed like:
http://forum.avast.com/index.php?topic=26062.msg213271#msg213271

Another reason why the Off-Topic Forum should be re-opend.

Maybe this time with Unlisted and Unknown Moderators

[OrangeCrate]

...I've been known to pull a few blunders in my time...

Not very often. If you've made any, you're at the same frequency as anyone else who contributes here.

...the Off-Topic Forum should be re-opened...

Agreed, but unfortunately that's probably not going to happen.

By the way, this topic could be considered off-topic and therefore could also get closed like:
http://forum.avast.com/index.php?topic=26062.msg213271#msg213271

Well, believe it or not, Mastertech doesn't bother me. When I get involved in one of his threads, I try to have a little fun. But, it's become apparent that his level of participation in the forums will have to be addressed by the administrators. Probably sooner, rather than later.

Maybe this time with Unlisted and Unknown Moderators

If you're referring to your participation as a moderator, I never did see where you did anything wrong.

Edit: Typo

[mauserme]

[By the way, this topic could be considered off-topic and therefore could also get closed like:
http://forum.avast.com/index.php?topic=26062.msg213271#msg213271

The price of a direct answer to a direct question ...

[Spiritsongs]

  Hi all :

    I read Alex's Blog, that mentioned the porn MAY have come from accessing a hairstyling site;
    if the substitute teacher had gone to that site on a computer in an elementary school,
    why did she do such a thing ?  She should not be using a school computer for her personal
    reasons . Regardless, the American LEGAL System may resolve the situation AFTER they have
    gotten enough money .

[bob3160]

If you're referring to your participation as a moderator, I never did see where you did anything wrong.

No I simply meant that the mods shouldn't be listed regardless of who they are.
That way, their action couldn't and shouldn't be personally attacked.

The same could also be instituted in the rest of the forums. If you don't know which moderated took an action,
you (any one) can't attack him/her.  It would simply be viewed as an action of the forum.
If that's still upsetting to the individual, they always have the option to participate in another forum. 

[DavidR]

The anonymous action by a moderator with the individual having no recourse to that action other than 'If that's still upsetting to the individual, they always have the option to participate in another forum' is totally wrong.

They have to have the ability to challenge that action, so your off hand remark is ill considered even if you tag a smiley at the end of, especially when you consider the Topic you make it under.