@MontereyJack,
MontereyJack wrote:
re Bill, the law exists to prevent adults from taking advantage of minors sexually. To charge the girl, as a minor, with feloniously taking advantage of herself is simply ludicrous.
Really? Would it be equally ludicrous to charge her with heroine possesion? Afterall, she's only hurting herself, right? Or is it possible that her actions aren't occurring in a vacuum and that she isn't the only one affected by them?
MontereyJack wrote:I agree with Debra: the prosecutor is clearly trying to blow this up. God save us from prosecutors up for re-election. The DA who harassed Jack Kevorkian for years, or the ass in Kansas who blizzarded subpoenas on abortion clinics (and who apparently lost his bid for state office as a result, good riddance) spring to mind. And this guy is another in the string.If you read his justification, he's incensed because he thinks she's doing it to defy him, how dare she!, when she probably was only thinking about how her social circle would react to the photos. What egocentricity on his part.. And he's clearly making an example of her, singling her out for doing what is pparently a widespread practice. Law doesn't exist to charge people with a crime for the purpose of using them as teaching aids. It exists to keep a civil society civil. He's abusing his power, and perverting what the law was meant to do.
I'll happily concede that this is a reasonable point of view, but I completely disagree.
This prosecutor has gone out of his way to visit schools and make kids aware of the dangers and illegality of this behavior... before this case ever came up. Clearly, he believed he was doing a community service and I for one agree. He had no doubt received more than a few requests to try and reduce this illegal activity, and that was the path he chose. Seems pretty damned reasonable and benevolent to me.
This girl opted to test the law, even after a warning and got caught. What precisely is he supposed to do? Laws mean little without law enforcement and to do nothing would be akin to sending a message to all the students, in all the schools he visited, that he was just bluffing. Feel free to return to peer pressuring other students into breaking the law, because no one cares and nothing will be done. <-- That doesn't make sense.
Your "others do it to" argument has never been a defense to any crime I've ever heard of. Nor should it be. This kid is guilty of distributing material that is prohibited by law. I doubt you'd present a "others do it too" if she was sending her homegrown weed to her peers.
The public has a legitimate interest in curbing this illegal behavior and making examples of the guilty is hardly out of line. For all you or I know; the prosecutor wanted to first send the signal that this behavior will not be tolerated... and then plea it down to something treatment level.
You can disagree with my take and still find it a reasonable disagreement, I would think.