13
   

STINGS ARE ENTRAPMENT

 
 
hawkeye10
 
  1  
Reply Sat 28 Mar, 2009 08:32 pm
@Ticomaya,
Quote:
Is there a Constitutional right to have sex with underage children I'm not aware of?


Nobody is claiming thus. There is however the little bit about unwarranted search and seizure. The state does not have the right to root through your desires trying to figure out if you desire something that they don't approve of. Once they determine that you do, they don't have the right to rig events with the purpose of hanging you.

The way it works if the constitution is followed is that everyone is free to think and believe as they wish, only if a person acts wrong can the majority (state) take action. Encouraging a person to act wrong is an unfair use of majority (state) power against the minority.
Ticomaya
 
  2  
Reply Sat 28 Mar, 2009 08:57 pm
@hawkeye10,
hawkeye10 wrote:
The way it works if the constitution is followed is that everyone is free to think and believe as they wish, only if a person acts wrong can the majority (state) take action. Encouraging a person to act wrong is an unfair use of majority (state) power against the minority.

There is nothing legally improper with law enforcement setting a trap to catch someone who is already disposed toward committing a particular crime. The law enforcement agency can properly use undercover officer, decoys, or employ false identities, in order to trap an unwary criminal. It is improper, however, for the police to entrap an unwary innocent person.

The critical question is whether the criminal intent originated with the defendant or with the police.
hawkeye10
 
  1  
Reply Sat 28 Mar, 2009 09:04 pm
@Ticomaya,
Quote:
There is nothing legally improper with law enforcement setting a trap to catch someone who is already disposed toward committing a particular crime. The law enforcement agency can properly use undercover officer, decoys, or employ false identities, in order to trap an unwary criminal. It is improper, however, for the police to entrap an unwary innocent person.

The critical question is whether the criminal intent originated with the defendant or with the police


So the supremes have said, but they are wrong. "Disposed towards" often means to have the fantasy of. Encouraging one to act out their fantasy if the fantasy is in violation of the law is clearly illegal on constitutional grounds. Our Supreme court has over my lifetime been a poor quality court, they make many poor choices, which is why they are held in low esteem around the worlds in constitutional law circles. Their rulings on entrapment are just the tip of the iceberg of the bad law that they have made.
Ticomaya
 
  1  
Reply Sat 28 Mar, 2009 09:10 pm
@farmerman,
farmerman wrote:
Quote:
The burden is on the defendant to prove the entrapment
It appears to me that the first step in that proposal is to agree that the defendant was actually caught in a sex sting. The issue of guilt has been given a big shot for the prosecution by the defendant doing so. Cant the entire thing be bifurcated so that the issue of entrapment is handled without prejudice to the defendant??

Yeah, since the burden of proof is on the defendant, he must prove by a preponderance of the evidence that his conduct was the result of entrapment, which would implicitly imply guilt. However, it is possible (at least theoretically) for a defendant to raise an entrapment defense and and deny committing the alleged crime. No, it doesn't sound like a perfect system.
0 Replies
 
Ticomaya
 
  1  
Reply Sat 28 Mar, 2009 09:13 pm
@hawkeye10,
hawkeye10 wrote:
So the supremes have said, but they are wrong.

Gotcha.
hawkeye10
 
  1  
Reply Sat 28 Mar, 2009 09:17 pm
@Ticomaya,
Quote:
Gotcha


No you don't, because constitutional law is always evolving. The law of the land today will not be tomorrow's law if an sound argument for change can be made and if the system works. I am arguing for such a change, and I doubt that any opposition can trump my arguments.
0 Replies
 
DrewDad
 
  1  
Reply Sat 28 Mar, 2009 09:34 pm
@farmerman,
farmerman wrote:
Im under a slight personal conviction that there are many law enforcement and fire department members out there who are just a few brain cells separated from what they purport to protect the rest of us from.

That's actually not too far from the truth.

Cops (and presumably firefighters) often have antisocial tendencies to one degree or another. They've just found a way to turn what would otherwise be a negative into a positive. As long as they stay on the right side of the law themselves.
0 Replies
 
DrewDad
 
  1  
Reply Sat 28 Mar, 2009 09:38 pm
@farmerman,
farmerman wrote:
Again, thats not the point of my Thread. Im questioning METHODS. Of course the guy is stupid and is a potential criminal (if he acts on his urges). However, how he got there by possibly unconstitutional means is the core of my question.

I imagine they walk as close to that line as they can. They probably occasionally step over it.

On the other hand, it's text on a screen; these men are having to make conscious decisions to travel to wherever the meeting is. They have time to cool off and use the head on their shoulders inside of the one in their pants.
0 Replies
 
DrewDad
 
  1  
Reply Sat 28 Mar, 2009 09:39 pm
@dlowan,
dlowan wrote:
Nonetheless the role of adults is to support young people in the throes of their first major hormone surges, not to **** them.

Really, this stuff sounds just like what rapists/abusers say.

Amen.

It doesn't matter how "worldly" they are, or how physically developed. They're children, even if they don't look it.
0 Replies
 
DrewDad
 
  1  
Reply Sat 28 Mar, 2009 09:42 pm
@hawkeye10,
hawkeye10 wrote:
"Disposed towards" often means to have the fantasy of.

I don't think it does. I think it means "willing to do it if they think they can get away with it."

That's much different than having a fantasy in your head that you will never act on.
hawkeye10
 
  1  
Reply Sat 28 Mar, 2009 09:55 pm
@DrewDad,
Quote:
I don't think it does. I think it means "willing to do it if they think they can get away with it."


Or "wanting to do if they can find a consensual partner". We (the majority) act as if there is a consensual partner, and then ring these guys up because the adults pretend to be kids and if they had been kids then they would have been legally forbidden to consent. That is sure a long ways to go around the block with the intent to find guys to put in the clink.

DrewDad
 
  3  
Reply Sat 28 Mar, 2009 10:04 pm
@hawkeye10,
hawkeye10 wrote:
Or "wanting to do if they can find a consensual partner".

Since kids under 18 can't legally consent, that's a non-issue.

hawkeye10 wrote:
We (the majority) act as if there is a consensual partner,

1. You are not in the majority, rapist-boy. Don't ever fool yourself into thinking you are "normal".
2. The majority does not act as if there is a consensual partner. Where do you get this BS?
hawkeye10
 
  1  
Reply Sat 28 Mar, 2009 10:41 pm
@DrewDad,
Quote:
Since kids under 18 can't legally consent, that's a non-issue.


In other words their consent is not reconized by the law. They don't have the right to decide for themselves according to the adults. However the state pulls the same trick in prostitution stings, has somebody act as if they will consent to sex for money and then charges the person who happens by and desires the same thing enough to be enticed into making an offer. Consent is in both cases a non issue according to the law, in both cases because one can not consent to an illegal act, however the words of consent spoken by the bait are highly relevant to the events that transpire and thus land the mark in a world of hurt.

DrewDad
 
  1  
Reply Sat 28 Mar, 2009 11:59 pm
@hawkeye10,
The law in the US has drawn a nice bright line at the age of eighteen.

If you don't like it, feel free to move.


As for the rest of your rationalization, I could care less about your legal "theories".
hawkeye10
 
  1  
Reply Sun 29 Mar, 2009 12:10 am
@DrewDad,
Quote:
The law in the US has drawn a nice bright line at the age of eighteen.

If you don't like it, feel free to move.

You are kinda obsessed with statutory rape laws aren't you. This thread is about entrapment, in all of its forms. You see/hear what you want to see/hear, which says a lot about you.
dlowan
 
  1  
Reply Sun 29 Mar, 2009 01:14 am
@farmerman,
farmerman wrote:

Quote:
Look...I am not sure if people can really comment on your point, because you keep saying that these cops are actively seeking sex from men


Im sorry, The danger of the printed word is one of nuance missed (or taken). I didnt mean men securing sex from men, but men (cops) portraying themselves as underaged teenage girls who are actively engaging in phishing for adult men to "hook up" with. I am questioning the legality and constitutionality of preemptive law enforcement where the accused is coerced by the sting agent to take part in a tryst with the supposed teenager.
On top of that, once the "guilty" party is arrested, he is required by law (cf Ticos clips from PA ) to prove (civil statute burden of proof) that the cops were engaged in an entrapment. Hown the hell does one do that with the charges pending. HEs screwed from both sides of the case.
I think the courst should be required to tell the cops that the burden of proof is first on them to prove conclusively that they were not running an entrapment scam.




Oh for bog's sake.

I KNOW what you are saying.


What I am pleading for is some EVIDENCE that the cops are posing as kids actively seeking sex, as opposed to cops pretending to be kids being kids, and being approached by adult men, and then going along with the man.

farmerman
 
  1  
Reply Sun 29 Mar, 2009 06:13 am
@dlowan,
Quote:
I KNOW what you are saying.


What I am pleading for is some EVIDENCE that the cops are posing as kids actively seeking sex
You should be more precise in your questions then. If you reread your previous post, I could not gather any other conclusion than what I responded to. HOWEVER, the fact that we are separated by a common language let me say this.

The news I posted was a series of articles in the HArrisburgPatriot and The Lancaster New Era in which the articles stated that this sting was a long term event. The defendent stated that he was APPROACHED by the cop on line as he (defendant) was viewing some porn and was hit up shortly thereafter. The issue is,
!> DID THE COPS set up a series of porn lines and then phih the viewers in separate events of "assignation" by Cop. (This is a question I have, I dont have to give you any EVIDENCE cause Im not really taking a position. My thread title is more of a "teaser", not a firm position. If my position is valid, then even with evidence, the perp has to admit to an act that can only be dismissed by HIM proving that improper methods were used by thye cops. Reminds me of Milo MInderbinders statements.

2Aree stings, in general clearly legal ? because they involve set up events that , to me, appear borderline unconstitutional.

3WE ALL understand the issue of allowing a perv to entrap himself by providing an opportunity to have him enact his urges. HOWEVER, how "Active" is the assignation procedure used by the cops? First off, they have set up an elaborate contact mecganism that allows them to contact visitors ofa porn site and through these contacts, the entire events escalated to catch several people in the two weeks of active operation. In thee ops, all the "caught " stated that these "girlcops" were talking dirty and being just generally slutty , which escalated the entire thing
(IMHO, this goes somewhat beyond the "giving the pervs an opportunity to catch themselves"). This seems to be a bit of "wiggling the bait too much "

$ N Ow TICO has provided us with a pice of law from PA that "allows the defendant to use entrapment as a way to prove that they were caught by methods that were unconstitutional. It appears to me that all the proceedings must be taped and certified fdor immediate presentation in court to show that ALL communications (in an unbroken chain of custody) between the perp and the girlcops were NOT entrapment. Then the case can proceed. Im dubious that providing the defendant with a defense mechanism isnt merely a legal "Catch 22" on behalf of the prosecution.
0 Replies
 
Ticomaya
 
  2  
Reply Sun 29 Mar, 2009 09:50 am
@DrewDad,
DrewDad wrote:
The law in the US has drawn a nice bright line at the age of eighteen.

The unrestricted age of consent differs among the states in the US. For instance, in Kansas the age of consent is 16, but here in Arizona it's 18.
0 Replies
 
DrewDad
 
  2  
Reply Sun 29 Mar, 2009 12:08 pm
@hawkeye10,
hawkeye10 wrote:
You are kinda obsessed with statutory rape laws aren't you.

No, that would be a projection on your part. You're the one that brought up the issue of consent.
0 Replies
 
hawkeye10
 
  1  
Reply Sun 29 Mar, 2009 12:21 pm
A scary place, only for those with a strong stomach:
Quote:
I know what you're thinking. You only do massage therapy, domination, act in porn movies, work for a licensed escort service or do nude dancing. How could they arrest you for prostitution? Isn't a prostitute that poor ignorant drug addict who stands on the streets and sells her body for a few bucks to anyone who comes along? What you were doing was not illegal, was it? And besides, the cop who arrested you. . . he entrapped you, and that's illegal, isn't it?

If you live in California, entrapment for prostitution is legal (even though it should be unconstitutional, it has not been ruled against because no one has been able to get a case heard in a high court of appeals), thanks to liberal democrats who desire to protect us poor stupid women from being exploited
. And, in California, prostitution is so vaguely defined that it probably includes behavior that you thought was acceptable and legal. You probably thought that if you didn't have sexual intercourse or give a "blow job" you were not committing prostitution. Or, you thought that if you were doing these things in front of a camera, you were protected - just exercising your first amendment rights. And if you thought that you weren't breaking the law because you didn't take money for the sex act, but you took other consideration instead, you are wrong.
.
.
..
IF NO MONEY CHANGES HANDS, I HAVE NOT BROKEN THE LAW. The law only requires that you "manifest an acceptance of the offer" and does not say that you take the money. All you have to do to get arrested is to agree (by smiling or nodding your head) to touch his buttocks or genitals (through massage or dominance) or to let him touch yours, and agree to take a fee for it - in cash, or other consideration.* The crime of prostitution is all a word game- based on getting a 'solicitation' rather than an actual act out of a suspect. Anything further, such as getting you to get undressed or taking the money they offer, is just 'icing' on their legal case against you.

* I ONLY DANCE NUDE AND MASTURBATE MYSELF. IS THAT PROSTITUTION? The law says prostitution is "a lewd act for money or other consideration," which is "the touching of breast, buttocks or genitals for the purpose of sexual gratification or arousal." (later on we will explain this further.) Notice that it doesn't say who touches whose breast, buttocks or genitals in order for it to be lewd conduct. The vagueness of the law allows the act of masturbation to be included in the definition of prostitution if the other person (who is paying) becomes aroused or achieves sexual gratification while watching you and that is what they are paying for. So, whether you masturbate yourself, or, if you have a girl-girl show where you touch the breasts, buttocks or genitals of a third party, if the individual who is paying you gets aroused, etc. you have broken the law.



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