Glenn the Great wrote:If this man had made a contract with a real, legitimate dealer of children, then yes, it would have been very heroic for the police to step in before the transfer of the children took place.
Right but I'm sure that though many dealers of children are honest and above-board what if he manages to get in contact with one that isn't licensed and therefore doesn't file the appropriate paperwork with the Bureau of Missing Children so they know which ones to investigate and which to ignore?
Or even worse, what if he encounters a black-market dealer of children who has no records at all and doesn't use sanctioned kidnappers to obtain his wares?
I think that you guys don't appreciate the fact that during the interaction of the suspect and the undercover police officer, it isn't as simple as the suspect pushing toward committing the offence. There is this dynamic of being pulled into the crime coming from the police officer's end.You've seen this sort of thing where the undercover officer talks to the suspect like everything is cool, putting the suspect at ease, making him comfortable, getting him in the mood to commit a crime.
It is my belief that at the point where you initiate the transaction you have already exhibited behavior worth putting you under investigation. Reasonable suspicion increases the powers granted to investigators. I do not claim this is never abused, but one cannot claim a system is wrong in circumstances influenced by corruption. It is the corruption itself that is wrong, not the system in which it occurs. Should we reason that because some apples contain insects, all apples are repulsive?
Transactions of any kind are never one-way. There is always a back and forth interaction between the supplier and the consumer.
Correct. Consumer expresses intent. Supplier responds to request. Payment agreement is reached. Consumer upholds contract, supplier upholds contract. I will further explore this below.
Alright... let me ask you this:Let's say that right this moment, I agreed to sell you some dope. I don't have any in real life, but I tell you I do, and we make an agreement, and you come to get my drugs.
Could I be prosecuted for drug dealing, considering that I had neither actual nor constructive possession?
Yes.
The precedent has been that Crime of sale is independent from the seller actually possessing the good to be sold in any manner.
The undercover officer has committed an Offence of Sale. He didn't possess the children, he didn't intend to possess them, nor was he in the process of obtaining them. He wasn't even acting as an intermediary in the sale of children. But none of this matters according to precedent.
The undercover officer has committed a crime, and should be tried for it, just like any other citizen.
What we have here is a case of an undercover officer being above the law. I'm not creating a new controversy here. It is commonplace and controversial for undercover cops to be allowed to commit crimes in their line of work. It causes there to be inequity in the law, and that is why I am having a problem with this.
First, if you offered to sell me dope I'd probably tell you to eat a dick, and depending on complicated utilitarian analysis of the contempt I feel for you, the level of sarcasm I interpret, and the risks I felt were involved I might inform the authorities.
Second, let's discuss an undercover officer's responsibilities and powers a scenario-based perspective. I shall use 3 actors:
Bob is a man who wishes to purchase some Crystal Methamphetamine with full knowledge of the laws that render acquisition and usage illegal.
Alice is an undercover police officer who wishes to encounter people who wish to obtain controlled substances and arrest them.
Mike is a man who wants to eat hamburgers and browse the internet without the interference of pants.
Alice drops cards at a party that contains information that describes a process to contact a dealer of Crystal Meth. Both Bob and Mike find a card and take it home.
Bob follows the instructions and arranges a meeting with Alice via a middleman. During the establishment of the meeting, he clearly expresses his intent to purchase illegal drugs. At this point there is reasonable suspicion that he is involved in drug transactions, and law enforcement's powers over him are increased. He arrives at the designated location and Alice verifies the quantity he wishes to purchase and the amount of payment expected. Bob produces the money and oh dear, Alice breaks the contract by arresting him!
Mike gets home and remembers he has the card. He's pretty certain this must be a joke so he calls the numbers for kicks. When the call is answered and it's not someone's grandmother or a pizza parlor, he is somewhat creeped out and hangs up after mumbling something about a wrong number. Mike has done nothing more sinister than calling a phone number, and law enforcement has no additional powers over him.
I see no issues with the situation described above. The point you make is valid; Alice is performing an act that would result in the arrest of a civilian, but she is only allowed to perform the action under the direct supervision of law enforcement to individuals that have already established reasonable suspicion.
There is a thing called "due process" and so long as it is followed I refuse to believe undercover operations are wrong.
I feel this is very separate from the "only criminals should be afraid of law enforcement monitoring them" argument, because in this case we are actually arguing whether the maxim "People should be free to enter illegal transactions without fear of law enforcement; only after the transaction is completed should they fear." is correct and I think the point argues itself.
Brandishing a weapon is a crime in all states as far as I know. The idea is when you have taken verbal threats and threat of physical harm to the point at which you feel it necessary to hold a weapon and make threats with that, you have overstepped the bounds of rational behavior and should be punished. I fail to see why any individual who will enter a transaction with full knowledge of its illegality should be considered rational and above investigation.