Even if you thought you were selling Marijuana but were selling oregano the entire time, you can't be arrested for attempting to distribute narcotics.
How one can even be arrested for talking to an adult, no matter what they were pretending to be, is still far beyond me. For one to be guilty of the crime there has to be am actual victim somewhere and dateline way back in the Chris Hansen days learned this the hard way as they failed to convict and found their convictions overturned in nearly every single case.
"You thought you were talking to a 12 year old" "Okay. But am I guilty of talking to any 12 year Olds? Or am I guilty of talking to a 40 year old? Did I ever speak to a 12 year old?" May not morally be just. But lawfully, is just.
It really doesn't matter what the person in question thought they were doing. It matters what they were doing.
Am a subscriber to this guy, support the work because he tends to move these moments into busting CP, which is a provable offense. But the entrapment at best and (pun unintended) role-playing at worst isn't a crime and really shouldn't be treated as such.
Morally. Would we rob a victimless Fed sponsored bank if we had the opportunity? Of course. We are morally obligated to do so even.
This does, in fact. Make us robbers, just pulled from the opportunity. So. We should all be held as if we are the average jogger breaking into houses and beating people in their sleep for 34.00 and cheap jewelry?
What we would do if given the opportunity is far separated from what we do do. A long list of enemies to us would have a long list of very bad things happening to them if we had the opportunity. Should we be treated as if we have executed those actions?
I'm not arguing in abstraction. I'm saying this particular guy would have boned a minor had he been given the opportunity. I'm also saying the world is better off without him in it.
It's still of primary law "habeas corpus"
Even if you thought you were selling Marijuana but were selling oregano the entire time, you can't be arrested for attempting to distribute narcotics.
How one can even be arrested for talking to an adult, no matter what they were pretending to be, is still far beyond me. For one to be guilty of the crime there has to be am actual victim somewhere and dateline way back in the Chris Hansen days learned this the hard way as they failed to convict and found their convictions overturned in nearly every single case.
"You thought you were talking to a 12 year old" "Okay. But am I guilty of talking to any 12 year Olds? Or am I guilty of talking to a 40 year old? Did I ever speak to a 12 year old?" May not morally be just. But lawfully, is just.
It really doesn't matter what the person in question thought they were doing. It matters what they were doing.
Am a subscriber to this guy, support the work because he tends to move these moments into busting CP, which is a provable offense. But the entrapment at best and (pun unintended) role-playing at worst isn't a crime and really shouldn't be treated as such.
"mens rea"
You are right, they aren't legally guilty.
But are morally, and the WOULD have done it had they been given the opportunity. Therefore no tears shed and public shaming is the correct punishment.
Morally. Would we rob a victimless Fed sponsored bank if we had the opportunity? Of course. We are morally obligated to do so even.
This does, in fact. Make us robbers, just pulled from the opportunity. So. We should all be held as if we are the average jogger breaking into houses and beating people in their sleep for 34.00 and cheap jewelry?
What we would do if given the opportunity is far separated from what we do do. A long list of enemies to us would have a long list of very bad things happening to them if we had the opportunity. Should we be treated as if we have executed those actions?
I'm not arguing in abstraction. I'm saying this particular guy would have boned a minor had he been given the opportunity. I'm also saying the world is better off without him in it.