neoolong wrote:RedImperator wrote:He's hoping for a jury so he can throw "expert" testimony at them and appeal to their emotions. It doesn't matter. Even if he finds a jury soft-headed enough to actually rule in his favor, the appeals court will throw it out for lack of evidence.
There was a guy convicted of selling adult comics to an undercover police officer. And yes, the officer was an adult.
The prosecuter's argument was that evidence doesn't matter and that common sense says that comics are for kids and therefore he's guilty of distributing adult material to kids.
I haven't heard of it being overturned yet.
I'm aware of that case. This one is different. The comic book case hinged on obscenity laws, by their nature subjective (and unconstitutional, but we'll save that for another time). The prosecutor essentially argued that even though he wasn't selling to kids directly, comic books by nature are intended to be sold to kids. According to him, it would be like packaging cigarettes with Barney on the front--even if there's no evidence you sold to minors, the product itself was targeted at kids.
In this case, what you have is the plaintiff claiming that the makers of the game were part of the chain of responsibility that lead to the death of the victim. He has to prove that Rockstar Games knew or should have known its product would lead certain individuals to this kind of violence, but went ahead and marketed the game anyway. He has to prove something more concrete than "intending to market porn to children", and the statistics simply don't bear that out.
On top of that, there's national and international precedent for dismissing suits like this, including a virtually identical suit brought by this same attorney in a neighboring state. He said himself in the article that he wants a jury trial so he can make an appeal directly to citizens (who will be far less well versed in law than a judge).
This guy is obviously on some kind of personal crusade--the last paragraph of the article said that he's looking into a case in another state where a sleepwalking boy stabbed a relative to death, apparently after having played Diablo. He's not interested in the law or even collecting a huge chunk of an even bigger settlement fee, otherwise he would have abandoned this years ago, as it's fairly clear he's not going to get a ruling in his favor.
Oh, just so you know: I hate that comic book case. It's a travesty of justice by a showboating prosecutor and puritanical judge, followed by appeals courts and SCOTUS refusing to step up because they don't want to meddle in obscenity cases.