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- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Subject: Re: Illegal telephone recording
- Message-ID: <1993Jan25.153138.16167@ucsu.Colorado.EDU>
- Sender: news@ucsu.Colorado.EDU (USENET News System)
- Nntp-Posting-Host: ucsu.colorado.edu
- Organization: University of Colorado, Boulder
- References: <1993Jan22.021011.26809@colorado.edu> <1993Jan23.182242.4557@ucsu.Colorado.EDU> <1993Jan24.055941.15330@colorado.edu>
- Date: Mon, 25 Jan 1993 15:31:38 GMT
- Lines: 24
-
- In article <1993Jan24.055941.15330@colorado.edu> fedrick@tigger.cs.Colorado.EDU (Kelvin W. Fedrick) writes:
- >>As I understand these laws, the idea of the crime can not be initially
- >>suggested by the government. If the individual had never considered
- >>child prostitution, never seen an ad on the subject, saw the
- >>government's ad and became "sold" on the idea; that would be entrapment.
- >>If, however, the government could show that the same magazine had run
- >>other, similar ads for child prostitution and/or that the idea had
- >>already occured to the accused, then it wouldn't be entrapment.
-
- > Maybe this is so in principle but not in practice. Remember Mayor Marion
- > Barry being video taped doing drugs? The tapes clearly showed his female
- > aquaintance repeatedly (suggesting?) trying to get him to take a puff.
- > He finally did after initially refusing several times. He still got
- > convicted. Perhaps the difference is that the woman was not a police
- > officer so she wasn't considered 'employed' by the government.
-
- That isn't a good example: Even if Barry, on tape, was reluctant to
- accept _that_ offer, there was alot of other evidence against him
- (for example from his police bodyguards). It was well established
- that the taped event wasn't his first experience with cocaine, so
- the police did not put that idea into his head...
-
- Frank Crary
- CU Boulder
-