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August 04, 2007
Aggravated hazing? Or aggravated Nifonging?
Last night I was reminded that there are murderous Muslim hardliners in this country who are determined to wage a sort of culture war against alcohol. Fortunately (at least so I like to think), their efforts are laughable, and ultimately doomed to failure, as we already tried a "Noble Experiment" called Prohibition, and it failed. So, there's an overwhelming cultural consensus that prohibition of alcohol did not work. And people are responsible for their own actions where it comes to drinking. Right? Not so fast, if this story is any indication: (8/04/07 - TRENTON, N.J.) - Two Rider University officials, including the dean of students, and three students were indicted Friday in the death of a freshman after a drinking binge at a campus fraternity house.Come again? A student acts like an idiot and drinks himself to death, and the dean is arrested? Not in America. Please, someone, say it's not true! Looking at the allegations, there's no question that he was seriously drunk. And that he told his friends (what a shock!) that he would be drinking: DeVercelly's blood alcohol level at the time of his death was .426, authorities said.But what did the university employees do? Stand over him and pour vodka down his throat? The prosecutor will not say, exactly. He just remarks the obvious -- that a lot of booze was consumed: Bocchini wouldn't discuss evidence in detail, but he has said previously that the investigation revealed some of the pledges drank entire bottles of hard liquor in under an hour.What the hell is going on? All I can see is a statement that "the standards of college life, when it relates to alcohol, need to be policed carefully." Is "not policing carefully" now a criminal offense? What is the exact charge? When I was a landlord in Berkeley I rented to students, and plenty of them drank, I'm sure. Was that my fault? How far does this "policing" go? Should the students' residences be subject to search? (Remember, these are not children; they are legal adults.) What is the dean supposed to do, and why stop with booze? If a fraternity threw a party where sex occurred and condoms weren't used and someone got an STD (say, AIDS), would they charge him with "not policing carefully"? Should the dean go into the students' bedrooms and crawl around with a flashlight? I'm smelling an anti-alcohol, neo-prohibitionist campaign of some sort. (Either that or Nifong changed his name and got rebadged as a New Jersey DA.) This is fast becoming a national story. The San Jose Mercury News and the Chicago Tribune have picked it up, and I'm sure a lot more will follow. These aren't exactly chump charges either. From the Tribune: If convicted, the officials and fraternity members would face a maximum penalty of 18 months in prison and a fine of up to $10,000.For what? "Aggravated hazing" seems to be the only charge described. Maybe the DA just wants attention after all. UPDATE: The Philadelphia Inquirer has more, but I'm still unclear on how the dean's conduct was criminal in nature: Bocchini would not disclose the evidence that resulted in a grand jury indicting the five. However, he previously has said the investigation revealed some of the pledges drank bottles of liquor in less than an hour.The "way they handled oversight"? So, by not setting a school policy prohibiting alcohol at parties (never mind that many students are over 21), you're committing a major felony? Remind me not to go into the dean business. It's getting easier and easier to be a felon these days! AND MORE: Bocchini The charges against the Rider officials, who were not present at the fraternity house at the time of the hazing, represent one of the first cases in the country in which a university or college official has been held criminally responsible for excessive student drinking.Perhaps my legal education was an anomaly, but in law school I do remember being taught that public prosecutor's job is to uphold the law, and to seek justice. I don't remember the "sending a message" part. I could see a partisan organization like MADD wanting to do this, but DAs are not supposed to advance partisan agendas. I might be wrong, but something about the stated goal of the prosecution being to "send a message" to "colleges and universities" sounds like deliberate partisan grandstanding. MORE: On a more cheerful note, the Times reports some encouraging student remarks: ....several students on campus said that university officials could hardly be blamed for students who drink too much. "If a student chooses to do it, that's not the dean of students' fault," said Hamzah Abushabun, 18, a freshman.I like seeing evidence of young people defying the system by actually engaging in common sense! MORE: The Mercer County DA has now acheived international stardom! posted by Eric on 08.04.07 at 10:00 AM
Comments
This is truly frightening. There needs to be a special agency with the power to arrest, try, and imprison rogue public officials, especially prosecutors. Ann Frank · August 5, 2007 09:29 AM The only silver lining here is that this may give a few college administrators pause to consider whether the nanny state and it's attendant failure to hold individuals accountable for their own actions is really such a great idea John Q Liberty · August 5, 2007 11:49 AM Not really. The college has a legal "in loco parentis" obligation long established in US law. If there has been a established pattern of dangerous behaviour of students at events over which the college has some authority (the fact that greek houses operate under an agreement with the college provides this authority), then the college has an legal obligation to try and mitigate this behaviour. A death that could have been reasonably prevented by the college taking actions they didn't are punishable by appropriate criminal statute Anonymous · August 5, 2007 12:15 PM Following this thinking, we should charge police as co-conspiritors in murders that take place in their beat. After all, they weren't policing properly, were they? Tomymous · August 5, 2007 12:57 PM My youngest brother was killed by a drunk driver that had multiple previous offenses for DUI. Under this reasoning the cops, judges and lawyers that failed to keep this guy from driving are at fault. Maybe I can get them charged. Fat chance, you can't get a cop charged with manslaughter in this country even is it was broad daylight and there were 35 witnesses that the cop did it. Why you ask? The answer is again prosecutors, not only can they get grand jury to indict a potted plant as Laura says but they can also use the same grand jury to whitewash all kind of police abuse. We're getting screwed here people. Dave_D · August 6, 2007 12:26 PM This Facebook group has over 750 members. Please help support our administrators. Support Dean Campbell/Ada at Rider
Signed, Kelly Williams · August 6, 2007 02:46 PM Post a comment
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This story proves yet again that any DA with a little experience and a lust for publicity can the average grand jury to indict a potted plant. The whole process is badly broken; thoughtless or poorly educated grand jurors are manipulated like litte children. Nifong did it. Bochinni did it. It happens every day. A sad spectacle for American jurisprudence.