JUSTICE PERVERTED?

By Dan Miller
February 16, 2007

I have a fantasy scenario for you to think about.

You go to a store with the intention of stealing something.
Once inside, you stick a copy of the Nashville Scene under your coat.
You feel ashamed.... you know this is stealing.... but you do it anyway.
A security guard sees what you've done, and stops you as you leave the store.
A quick check reveals there is, indeed, a crumpled issue of the Scene secreted beneath your coat.

But wait.
You didn't realize it, but the Nashville Scene is free.... in fact, they're hoping everyone will take a copy.
Does the security officer apologize for detaining you, and send you on your way?
Or, does he have you arrested because you truly believed you were stealing?

Here's my point.
First, I have no intention of defending those guys caught in NBC's Perverted Justice programs.
I don't want any pedophiles to get away with their obnoxious crimes.
Watching those foolish men jeopardize their careers and families, as they're confronted by Chris Hansen in the kitchen, is both sad and uncomfortable.
Obviously, they need to be stopped and rehabilitated.... maybe even jailed.

But, having said that.... as a journalist, who's supposed to be a bit of a skeptic.... I am troubled by several questions that I think should be asked.

In these internet stings, the men (apparently never any women) are arrested for attempting to have an illicit relationship with a minor.
Yet -- the reality is -- they aren't, and haven't been, communicating with a minor.
They've been chatting online with adult law enforcement personnel pretending to be minors.

Not only that, but the law enforcement personnel will spend days, weeks, and even longer, sending provocative email messages, attempting to lure the men into a meeting -- using the guise of "frisky" teenagers.

In some cases, the men have declined the initial advances -- and only agree to a face-to-face meeting after repeated "motivating" messages.
Many of these men have no prior criminal history.

Now, let me be clear again.... I'm not defending the men caught in the stings, or their despicable intentions.
I'm sure many of these men do pose a threat to kids.
But I am questioning the ultimate legality -- even the fairness -- of the method used to mine for those despicable intentions.

At least one case against an accused internet predator was thrown out by a judge in Kansas City because -- according to the judge -- the man had not communicated with a minor, but with an adult police officer.
Is such communication with an adult technically a crime?

Is the old song wrong when it says, "Brother, you can't go to jail for what you're thinking?"

And here's another question.
Who would be held accountable if one of these stings draws an underage respondent into the trap, pretending to be an adult looking for action?
Wouldn't that in itself be a crime?
I wonder if that's already happened?

Most police stings are in a "legally gray area" to begin with....always tainted by claims of entrapment.
When someone buys a bag of baking powder from an undercover cop, THINKING they're purchasing an illegal drug, what is the actual crime?
Baking powder is certainly not a controlled substance.
The person is arrested for what he THINKS he is buying.

OK, I know, I'll get email from folks saying I'm soft on criminals.
But I'm not.
I am, however, skeptical about creating a crime to catch them.

Help me out here.
Comments?

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