Tuesday, January 28, 2014

ON JUSTICE

Two articles in Florida’s Tampa Bay Times caught my attention today.

The first article’s headline ran, “Sting nets 35 arrests.”  It appears the Pinellas County Sheriff’s Office, along with the Clearwater Police Department and numerous other local, state, and federal agencies, set up online profiles as girls and boys ages 13-15 on backpage.com, Craigslist, and AOL chat rooms.  On one end of this sting were law enforcement officers.  On the other end were 35 people who thought they were chatting with minors.  When the two sides agreed to meet, law enforcement was waiting to arrest the alleged predator at the meeting site.

Now, for those of us who think child predation is a scourge, this might seem like a righteous cause.  However, according to the news report the charges against these 35 detainees included, “seduction of a child using the Internet,” “traveling to meet a minor,” “lewd and lascivious battery,” and “sexual battery.”  Does anyone but me see the conflict here?

Does driving to meet a police officer meet any of these charges?  Does chatting online about your darkest thoughts regarding children meet any of these charges?  Was any child seduced in these conversations?  I am not a lawyer, but I cannot imagine these charges can hold up in a court of law if the Times article is accurate.

Predation needs to be stopped.  But, law enforcement needs to do a better job than this lame effort.  Surely there are other ways to catch predators?  If the police find an active case, they should be able to easily get a court order to tap into the child’s or website's computer chat room.  If law enforcement has a predator under profile, they should apply for a subpoena for that person’s computer records.  What these agencies have done with this sting is entrapment, pure and simple.  No matter the type of alleged crime, we are a better nation than this!

The second Tampa Bay Times article that caught my eye this morning was entitled, “Price of an ‘evil act’ is prison.”  In this case Federal Court Judge Richard Lazzara sentenced 29-year-old Andrew Welden to 13 years and 8 months in prison on the charges of product tampering and conspiracy to commit mail fraud. 

The act that drew these charges was giving his girlfriend one dose of a pill that causes miscarriages.  He did this without her knowledge.  His girlfriend was less than 7 weeks’ pregnant at the time.  Although arguments in court by experts suggested no one really knew whether the pill caused the miscarriage, the judge decided it did.  That decision is fine with me.  That is the job of judges, to decide what testimony is relevant and believable.

What I have a problem with, if this article is written correctly, is the judge calling young Mr. Welden’s act “evil.”  He uses this thinking to justify a draconian sentence to prison. Welden did nothing that harmed this woman physically.  A less than 7 week-old fetus is not a human; and, therefore, cannot be murdered.  And, despite the fact his girlfriend gave the fetus a name and repeated it over and over again in the sentencing hearing, there was not even manslaughter to be considered.  There was nothing done to deserve this type of sentence for the charges filed.

Based on the judge’s decision to accept that the pill caused the miscarriage, I accept the man is guilty of being stupid, guilty of lying to his girlfriend, and guilty of potentially jeopardizing her health.   He should have been charged with assault, a charge I believe he would be found guilty if this had been a Florida court.

I believe by using the word “evil,” a religious word that conjures images of Satan, it allowed the judge in his own mind to justify his stiff sentence for a stupid crime.  I believe by using the images of abused children, law enforcement officers justified the use of the internet to catch men and women with “evil” intentions. 

This is a nation of laws.  “Evil” is not a crime under any statute devised by Federal, State, or Local government.  Let us do a better job under the laws we have to protect us and leave "evil" for priests, preachers, rabbis, and mullahs to consider.

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