Equal Justice For All?

[Crumpp]

Try this one.  Same exact information so you can get an education on "entrapment" and US Law.

http://www.uslegalforms.com/lawdigest/legal-definitions.php/US/US-ENTRAPMENT.htm

Jacobson v. United States , 503 U.S. 540, 548 (1992) (quoted source omitted). However, those agents "may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Id.  And that is the essence of the defense of entrapment: a situation where the "evil intent" and the "criminal design" of the offense originate in the mind of the government agent, and the defendant would not have committed an offense of that character except for the urging of the agent. State v. Hilleshiem ,

If there is no evidence that the police did any more than create an opportunity for the commission of an offense, then the issue of entrapment should not be submitted to the jury. This conclusion is supported by the fact that the cases uniformly hold that there has been no entrapment when the police have offered only an opportunity for the commission of an offense. A good rule would be that, unless there is some evidence of the use of objectionable inducements , the issue of entrapment should not be given to the jury (emphasis added).

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wi&vol=wisctapp2%5C2q99%5C98-2275e&invol=1

You can't force anyone to commit a crime nor persuade them to do it.  All Law enforcement can do is create the opportunity.  Any encouragement blows the entire case.  Check out "fruits of the poison tree".

BTW the info on the first site in regards to entrapment is correct.  

What about the 'mind crimes' prosecuted in the US (and the Great Britain?) when people got busted not for the crime itself but for the intention to commit the such.

Is an uninformed and false statement about the US legal system.  Please point out these "mind crimes".  Facts are they do not exist.  

Crumpp

[capt. apathy]

a cops word is unquestioned in court (unless you have solid evidence), thats an amazing amount of trust, and many deserve it.  but, with that type of trust should come equally serious responsibility.

IMO, in a case of a cop lying, testifying that he knows things he only believes, planting evidence in a criminal case or -if they cover for or keep quite while knowing that another does- there should be no statute of limitation, the sentence should simply be the double the maximum sentence that the accused faced.  in this case double max sentence faced be each and every one of the accused.

they same formula should be applied with equal vigor regardless of the color of the cops or the accused's skin.

[montag]

A crooked cop is worse than a criminal. They should send HIM to prison instead.

[DieAz]

Originally posted by montag
A crooked cop is worse than a criminal. They should send HIM to prison instead.

(this is my opinion, and as such. no reason to argue or debate it with me. {I'm a real hardhead about these kinds of things} just something to think about.)

he should get death sentence or put him in with the general population for life, one or the other, let him choose.

anyone (voted or hired) who works for the public, is in a position of trust. committing crimes in those positions, makes one guilty, of one count, of each crime against each and every person in society. thusly a crime against the public as a whole.

In my personal [opinion], such a person is by far, worse than a mass murderer. and I think mass murderers should be sentenced to impalement via Vlad the Impaler's method. [/opinion]

[Crumpp]

This law:

Section 241. Conspiracy against rights

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=241

Combined with this Law:

Section 242. Deprivation of rights under color of law

http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/13/sections/section_242.html

He is supposed to get prison.  The Law mandates it.  

I am sure this decision will be overturned on appeal by the state.  Once they get out of his jurisdiction where the legal systems knows him on a personal basis, he will fry.

Especially when the lawsuits start rolling in from the wrongly imprisoned citizens he put away start hitting the pocketbooks of the state.

Crumpp

[Mini D]

"equal justice for all"?

Where did you get that?  I always thought it was "and justice for all".  There's absolutely no such thing as "equal justice".

Also, there's no such thing as appealing a sentance with a guilty conviction by the procesution.  They can express disappointment, but are powerless to do anything else.

The guy deserves jailtime for what he did.  That seems pretty obvious to me.  But unless he can be brought up on new charges, there's really nothing else to be said or done on the subject other than try to find ways to identify situations like this before the statute of limitations arrises or even to make better attempts to limit this type of behavior by police officers.  Unfortunately, the policy needs to come down throught the police force as well as the mentality.  That doesn't seem to be happening in many places these days.

[capt. apathy]

Originally posted by Mini D
 But unless he can be brought up on new charges, there's really nothing else to be said or done on the subject other than try to find ways to identify situations like this before the statute of limitations arrises or even to make better attempts to limit this type of behavior by police officers.  
 

and change the statute of limitations on these types of cases so that there isn't one.  making these a top prosecution priority would also be on my list as a necessary step.

[rpm]

Originally posted by Mini D
"equal justice for all"?

Where did you get that?  I always thought it was "and justice for all".  There's absolutely no such thing as "equal justice".

The phrase is "equal justice under law" and it comes from The Supreme Court. I was asking a question in the thread title.

[Gunslinger]

Originally posted by Crumpp
This law:

 

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=241

Combined with this Law:



http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/13/sections/section_242.html

He is supposed to get prison.  The Law mandates it.  

I am sure this decision will be overturned on appeal by the state.  Once they get out of his jurisdiction where the legal systems knows him on a personal basis, he will fry.

Especially when the lawsuits start rolling in from the wrongly imprisoned citizens he put away start hitting the pocketbooks of the state.

Crumpp

THE ONLY THING HE WAS CONVICTED OF IS PURGERY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

That is why he is not going to jail.  As we all know purgery is not a real crime to go to jail for.

[Crumpp]

Yeah it's wrong Gunslinger.  I am sure the state will appeal and since his department did not have the nuts to charge him under 241, 242, you can bet the state will.

Crumpp

[Gunslinger]

Originally posted by Crumpp
Yeah it's wrong Gunslinger.  I am sure the state will appeal and since his department did not have the nuts to charge him under 241, 242, you can bet the state will.

Crumpp

exactly....people can cry fowl all they want about the sentence but the jury probably wasnt allowed to hear about his record.  this guy is an bellybutton bag no doubt but all he did (convicted) was lie under oath.

[rpm]

Crumpp, the procecution CAN NOT APPEAL. That is called double jeopardy. Appeals are for the defendant. They can, however charge him with another seperate charge that he was not previously procecuted on.

Guns, I know you hate Clinton, but lying about getting a hummer is hardly the same thing as a law enforcement officer presenting false testemony against an innocent defendant, especially when it results in an innocent man going to prison.

Let's say there is a JAG that for whatever reason hates your guts and totally fabricates a case against you and you wind up doing 7 years brig time for something you absolutely did not do. How would you feel if he got caught and only got a letter of reprimand after you served 7 hard?

[Steve]

This guy should serve 1 day for every day that incorrectly convicted people served. I don't care what race his victims were.  It should be hard time too, I'm sure his victims didn't get easy time.

[Crumpp]

Thus, it has long been recognized that in the same term of court and before the defendant has begun serving the sentence the court may recall him and increase his sentence.129

Applying and modifying these principles, the Court narrowly approved the constitutionality of a statutory provision for sentencing of ''dangerous special offenders,'' which authorized prosecution appeals of sentences and permitted the appellate court to affirm, reduce, or increase the sentence.132 The Court held that the provision did not offend the double jeopardy clause. Sentences had never carried the finality that attached to acquittal, and its precedents indicated to the Court that imposition of a sentence less than the maximum was in no sense an ''acquittal'' of the higher sentence. Appeal resulted in no further trial or other proceedings to which a defendant might be subjected, only the imposition of a new sentence. An increase in a sentence would not constitute multiple punishment, the Court continued, inasmuch as it would be within the allowable sentence and the defendant could have no legitimate expectation of finality in the sentence as first given because the statutory scheme alerted him to the possibility of increase. Similarly upheld as within the allowable range of punishment contemplated by the legislature was a remedy for invalid multiple punishments under consecutive sentences: a shorter felony conviction was vacated, and time served was credited to the life sentence imposed for felony-murder. Even though the first sentence had been commuted and hence fully satisfied at the time the trial court revised the second sentence, the resulting punishment was ''no greater than the legislature intended,'' hence there was no double jeopardy violation.133

http://conlaw.usatoday.findlaw.com/constitution/amendment05/05.html#f129

The court certainly has the power to both recall and increase his sentence.  He was convicted not acquitted.  They can also move it from parole to hard time.

They could also take the route of charging him with a different crime, most likely 241 and 242.

I will bet this guy gets tried again down the road.  Those lawsuits resulting from this case have not started hitting the Local Government.  When they start having to dish out millions to men he falsely sent to prison local attitudes will be different.

I am sure the attorney's are lining up at the Prison gates to greet these guys when they are released.

Crumpp

[rpm]

Looks like I picked a bad week to quit sniffing glue.