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Attorney discusses the 'games made me do it' defense photo

We've railed against the anti-games lobbyists helping to make the "videogames" excuse a valid one for criminals, and today an attorney has admitted how good a defense it is, and which judges are the best marks for such a defense. Terry Boesky pretty much admits why videogames are so readily blamed in court for violent crimes, and suggests that "old rural" judges are often receptive:

The goal of the 'video games' defense is to both shift blame and to explain to a judge and jury why this good kid is suddenly acting like a terrorist. Portraying your client as the victim of outside forces... humanizes the client and shifts the culpability... my job is to present ANY theory to a jury that would explain why my client did the things he did...

[The games made me do it defense works on] an unsophisticated, typically older, somewhat more rural jury pool or judge. To an extent, the defendant is playing on the prejudices that these members of society already have towards video games...

The manufacturers do everything they can to make sure that [the games] are a household name... Restricting supply to create buzz, sensationalizing their own violence to the media, doing idiotic things like leaving the "Hot Coffee" code in the game…the jury knows that a lot of kids today are playing this Grand Theft Auto game and that it’s very violent or adult before we even walk into the courtroom.

It's quite amusing how Boek blames the videogame companies themselves for this issue -- now that's the mark of a good attorney. Not only will he blame games for murder, he'll blame games for being blamed for murder. If I ever kill somebody, I want this guy on my side!








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30 comments | showing # 1 to 30
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mix's Avatar - Comment posted on 08/27/2008 16:22
mix
Humans are smart, people are dumb.

To err is nature, to blame someone (or somethign else) is human.

Something along these lines explains how I hate stuck up, snobby old people that think if one person does it, everyone is going to do it.

If everyone jumped off a bridge would you follow? Hells yeah there would be so many dead boies in a pile that you could surf down them.

Surf down a pile of dead bodies...

I got side tracked.
Prince Ghidorah's Avatar - Comment posted on 08/27/2008 16:24
Prince Ghidorah
Little wonder why Defense Attorney is one of the most reviled of all occupations.
savagesaladin's Avatar - Comment posted on 08/27/2008 16:26
savagesaladin
Well, everybody knows murder,rape and vice didn't exist till the creation of videogames.
TurboSpaz's Avatar - Comment posted on 08/27/2008 16:40
TurboSpaz
"he'll blame games for being blamed for murder"
Well, he's right isn't he? Part of the reason these judges are so quick to jump on the "games are evil" bandwagon is because of all the negative publicity the video games generate, either by accident or on purpose from the parent company. By being seen as a "rockstar" like company might help their image when selling games, it works against them when Elmer McOldfart is the judge in a court case.
Holyetheline's Avatar - Comment posted on 08/27/2008 16:46
Holyetheline
Pk irl and do life plus blame games wut?
casualweaponry's Avatar - Comment posted on 08/27/2008 16:48
casualweaponry
Just another variation of the Twinkie Defense. Google it kids; its some fascinating stuff.

As much as I want to hate the guy, I sure would want him on my side too.

I have a feeling in another generation or two, this defense won't be as effective. Jurors and Jurists will be more savvy, and the "videogames made me do it" defense could actually backfire on a defendant. I hope so anyway.
TUoAnonymous's Avatar - Comment posted on 08/27/2008 16:48
TUoAnonymous
We wouldn't have to make all these violent games if it wasn't in an effort to escape from all these acts of violence outside our houses!

Hah, see what I did there?
randombullseye's Avatar - Comment posted on 08/27/2008 16:51
randombullseye
Must have been inspired by beat em and eat em.
CypherVR's Avatar - Comment posted on 08/27/2008 17:01
CypherVR
Well the video games didn't kill my mailman, now did they?
NadjaRiot's Avatar - Comment posted on 08/27/2008 17:02
NadjaRiot
I love how people are not responsible for their own actions anymore.
Velt's Avatar - Comment posted on 08/27/2008 17:05
Velt
now who is more stupid, the judge or the jury?
ShadokatRegn's Avatar - Comment posted on 08/27/2008 17:08
ShadokatRegn
@Nadjariot

Actually; people have been blaming asinine things in courtrooms for decades. See The Twinkie Defense

I think Video games are code for Twinkies. Games don't kill people, games with guns kill people?
LordGloom's Avatar - Comment posted on 08/27/2008 17:08
LordGloom
he didnt say anything wrong

i know you want to always portray video games as the victim, jim, but why cant you accept things like the fact that grand theft auto, despite being a good game, is sensationalist bullshit on purpose? its a marketing tactic, and though there are lots of things you could say in its defense otherwise, don't fucking lash out at someone for pointing that out; and, by the way, he was just pointing out why it is a good defense in certain situation, and not that he uses - or for that matter, even condones - the defense itself or the implications of using it

youre like the big bulldog on the short leash here, barking at shit for the sake of barking
jc275's Avatar - Comment posted on 08/27/2008 17:28
jc275
If only the general public would understand what goes into these things. I've just completed a computing course at university and god knows how long i spent weeding out those few bugs in my programs. If someone then told me my work should be deleted because it looked terrible for example(which is invariably was but still...) i'd be frustrated that they didnt view the project for what is was, hours of hard work that attempted to build a good looking, functional program.

Not one person who slaved over GTA 4 was thinking "I can't wait to make a kid murder someone because of this game" and it must break their hearts to hear people demanding the games ban when they know how much they have put in to it. I can't even begin to imagine the hard work that built that masterpiece. Some people need to realise the violence in the game is just a means to an end, a narrative tool. It wasn't shoe-horned in to corrupt the youth!
mix's Avatar - Comment posted on 08/27/2008 17:29
mix
@Shael

As wrong as that is...........




I lol'd
ParaParaKing's Avatar - Comment posted on 08/27/2008 17:31
ParaParaKing

Just for the heck of it.
MuddBstrd's Avatar - Comment posted on 08/27/2008 17:40
MuddBstrd
Makes complete sense to me. Before video games it was violent movies, before that it was comics, and there was probably something even before that. I agree with him though that game companies are to blame for their own image problem. Many of these companies have done some pretty stupid things with regard to handling their PR. Part of it is because they are so focused on their younger demographic that they've completely forgotten everyone else is still watching them and everything they do.
Capn Birdseye's Avatar - Comment posted on 08/27/2008 17:45
Capn Birdseye
No, games are NOT to blame. Is rap music to blame for violence on the streets? No one would buy that in today's day and age.

Rap stars go out of their way to sensationalise themselves as criminals and thugs - way more than the tongue in cheek crime stories of GTA.

Those of you that are trying to convince us that the games companies bring it upon themselves are just as bad as the moronic hick judges that knee jerk to this bullshit.

Comic books sensationalise vigilantism, but you don't see me out in the street with a sack of doorknobs looking for the closest stickup, do you?
EarthbounderNess's Avatar - Comment posted on 08/27/2008 17:54
EarthbounderNess
ParaParaKing stole my line.
Skylance's Avatar - Comment posted on 08/27/2008 18:00
Skylance
@Capn Birdseye:

He never said, not once, that videogames are to blame for violence. What he actually said was why the "Video games made me do it," defense works. Then he said, essentially, that game companies are doing precious little to alleviate that bias.

On that, I agree. As Mudd stated, most game companies wouldn't know good PR if it bit them in the ass (or, more appropriately, gave them a massage and a cookie). I just don't think that's all there is. I think the panicked feedback loops quite a few reactionary 'moral guardians' generate might be a large part of it as well.
Corak's Avatar - Comment posted on 08/27/2008 18:21
Corak
Creating doubt with a judge or jury is all you need. Defense lawyers have been doing that since the courtroom was first used.
Th3 0_y 1 I k0w's Avatar - Comment posted on 08/27/2008 18:23
Th3 0_y 1 I k0w
Games are murder simulators and so are evil! The companies who make the murder simulators promote the violence factor to drive sales and so are evil!! These companies employ people who are the ones who come up with and execute the concept of a game and so people are evil!!!

Ergo, I should shoot you all and let god sought it out!!!!

(Puts down controller and quietly leaves the room).
whormongr's Avatar - Comment posted on 08/27/2008 22:58
whormongr
anyone that is really a gamer doesn't have time to go and murder people- hell working a full time ++ hrs job doesn't leave me much time to finish the games that I have unless they are on the DS or PSP so that I can play them on the train to and from work- maybe a lack of attention span leads them to kill.
MrEeeds's Avatar - Comment posted on 08/27/2008 23:05
MrEeeds
Oh boy. Gonna date myself here, but I grew up playing video games starting with the Atari 2600 around '82. Not that my parents didn't care, but I was allowed to play any game I wanted. Games weren't a big issue then, more a novelty. Well, I kept playing, the games got more graphic and violent. Guess what: I survived, I'm older, married, stable job, pay my taxes. F*ck this bullshit, video games didn't mess me up. Time for people to take responsibilities for their own actions. Now get off my lawn!!
whormongr's Avatar - Comment posted on 08/28/2008 00:03
whormongr
@ MrEeeds I don't know about you, but that 2600 that you're talkin' bout makes me want to go out and smash boxes VIOLENTLY ;P
Capn Birdseye's Avatar - Comment posted on 08/28/2008 00:49
Capn Birdseye
@ Skylance - I understand that, but it was inferred that the companies bring it upon themselves by sensationalising their product to generate "bad" or "edgy" publicity

Take TurboSpaz's comments for example - "Well, he's right isn't he? Part of the reason these judges are so quick to jump on the "games are evil" bandwagon is because of all the negative publicity the video games generate, either by accident or on purpose from the parent company."

All I am saying is that yeah, they might sensationalise the violence, but so do other forms of media, so the argument that gaming gives fodder for these guys to make assumptions on the industry is dubious, because other industries give these guys MORE fodder.
The Johnggernaut's Avatar - Comment posted on 08/28/2008 01:28
The Johnggernaut
Best. Caption. Evar.
SourGr8pes's Avatar - Comment posted on 08/28/2008 08:41
SourGr8pes
Ladies and Gentlemen, this is Chewbacca.

Chewbacca is a wookiee from the plante Kashyyyk, but he lives on Endor. Now think about it: That does not make sense...
Leathersoup's Avatar - Comment posted on 08/28/2008 09:37
Leathersoup
Rural Juror... one of my favorite episodes of 30 Rock.
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