NASW-NJ Blog

The statement below addresses the sentencing of ex-Rutgers student Dharun Ravi. We mourn the death of Rutgers student Tyler Clementi and we shake our heads at the thoughtless act that led to this tragedy. Now the perpetrator, seemingly remorseless,  has been sentenced – and we still shake our heads in disbelief at the brief incarceration he has been given in light of the jury’s verdict and the judge’s disregard of the sentencing guidelines. We all can hold different opinions on this event; I invite you to share your thoughts here.

Walter X. Kalman, NASW-NJ Executive Director  

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 “Judicial Nullification”

by Mary Jean Weston, LCSW

Assistant Executive Director, NASW-NJ

with assistance from David Barry, J.D., MSW

The sentencing of Dharun Ravi this week by a judge in New Brunswick has shaken those of us who believe in the American Justice System to our core. After a difficult trial in which the uncomfortable and painful facts were revealed, reviewed and endlessly repeated, this young man – stoic or unremorseful (depending on your perspective) – was found guilty on charges of invasion of privacy, bias intimidation, witness tampering and hindering arrest. What the charges and verdict cannot fully characterize are the many and complex injuries inflicted upon the victim of Ravi’s escapade.

Ravi invaded the privacy of his roommate. But this “invasion” was not the equivalent of reading someone’s diary or peeking into the shower to see someone naked. No. Ravi inserted himself, as well as others (through social media – the latest fashionable trend), into the most intimate moments of another man’s life. The fact that Ravi sought to expose a young gay man as he explored his new world only highlights the vulnerability of LGBT youth.  Was this actually bias intimidation or just a student prank? I guess we’ll ever know for sure. But the jury – who heard all the testimony in this case – believed that Ravi’s behavior showed serious disregard for his roommate’s privacy and person, and was clearly more than just some college fun.

The facts of this case are well known. I won’t repeat them – they make me sick. The fact that the victim of these crimes committed suicide soon after the criminal activity occurred is tragic, but it is not the issue here.

What is at issue is this: the judge in this case has sentenced Dharun Ravi to one month in jail.

Established sentencing guidelines in New Jersey call for up to 10 years in state prison for the combination of crimes for which Ravi was not only charged but convicted.

Now – let me be clear.

• I do not think Ravi should be deported, although he could be. He is not a traitor. I do not believe he poses a threat to the United States of America, or even to most of its citizens. 

• I don’t even think he should spend 10 years in prison. He made terrible choices and should pay for them. But he did not work to create a plan that would leave Tyler Clementi dead.

• And yes, I understand he will also receive 3 years probation, and work 300 hours of community service, and pay $10,000. Yes, indeed, as he should.

But one month in jail?! ONE MONTH??!! REALLY??

Here are some facts:  In the state of New Jersey:

• In the state of New Jersey, if you shoplift goods valued under $200 you can spend up to 180 days in jail for your first offense. There is a minimum mandatory jail sentence of 90 days if you are a repeat offender (NJSA 2C:20-11(c)(4)).
• In the state of New Jersey, if you drive while intoxicated you are subject to up to 30 days in jail for your first offense. You are subject to up to 90 days for a second offense, and you shall spend 180 days in jail for the third offense (NJSA 39:4-50).

But now, in the state of New Jersey, it seems that if you invade someone’s intimate and private moments, intimidate them by publicizing personal aspects of their life, tamper with witnesses in a court case against you and hinder your own arrest – now, you pay a lot of money, and spend time in community service, and spend less time in jail than if you were a small time shoplifter or were convicted for drunk driving. What kind of justice is that?

Given that Judge Berman took pains to note that he had found Ravi’s actions “cold, calculated and methodically achieved,” the contrast between Ravi’s jail sentence and those given to other New Jersey residents for conduct that has none of those characteristics is startling. How can an educated professional, trained in the complexities of life and the law, believe that one month balances the invasion, the hurt, the humiliation and mortification of having your most intimate moments watched by your peers?! Think about it. Put yourself in the victim’s place. If your kisses had been the ones observed by others on the web cam, would a month do it for you?

Furthermore, I find it instructive that the prosecution, which should be celebrating a victory in this case, is now appealing the judge’s sentence. Even the winners think this is wrong.

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As any serious fan of Law & Order knows, there is a concept in the law known as “jury nullification.” Because I am not a lawyer, I quote here from Burton’s Legal Thesaurus (2007): Jury Nullification (noun): “disregard of the law by a body of jurors.”

In jury nullification, the jury makes its decision without regard for the law or instruction from the judge. Their verdict is reached to make a point by reinterpreting or simply disregarding the law. I believe that the sentencing of Dharun Ravi is – essentially – “judicial nullification.” The gravity of the jury’s verdict was clearly set aside – effectively nullified – by the trivial sentencing handed down in this case.

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For all of us who work with hurt, intimidated, invaded, compromised, injured, threatened and abused individuals, this sentencing is an outrage and must be challenged. Once Dharun Ravi’s sentence has been appealed, I would recommend that our Board of Directors ask NASW National to review this case and provide an Amicus Brief in support of the prosecution’s recommendation for a harsher sentence. NASW-NJ will be able to join that Brief as well. We will update you here as we move forward in the pursuit of justice in this case.