Copied below must be one of the most anti-democratic, myopic, expedience at all costs editorials I have ever read. This makes the McCarthyism of the 50s either come alive again or seem like child's play. I don't know anybody who enjoys child pornography or is a pedophile or who preys on underage children and in no way approve of or support such behavior; but, we don't need to make mockery of the Bill of Rights or the rest of the US or SD constitutions to catch sexual predators. Read the editorial below which is Titled "Legislative fix for Internet case" A hotlink to the Editorial follows the quote.
July 19, 2008
Editorial: Legislative fix for Internet case
Need to consider protecting means of catching predators
Editorial Board
Argus Leader
A challenge brought by a man arrested after being caught on the way to what he allegedly thought was a liaison with a teenage girl might get him off the hook, but it should also result in the closing of an important loophole in state law.
Samuel Wilson was arrested in February after he set up a meeting at Tuthill Park with what police say he thought was a 13-year-old girl. The person he'd been chatting with on the Internet really was a Sioux Falls Police Department investigator, and Wilson was charged with soliciting a minor and attempted sexual contact with a minor.
The first count isn't being challenged. But as Judge Brad Zell pointed out, the law doesn't allow for the prosecution of crimes against victims who don't actually exist. That circumstance does seem to set a troubling precedent.
And while the law regarding solicitation of a minor includes a provision, to throw the book at deviants who only think they're talking to a potential victim, the law prohibiting sexual contact with a minor does not.
At least not yet.
The best solution here might be a legislative fix. It makes sense to include the same provisions in laws prohibiting similar crimes. That's because there's little doubt about what the people caught by police had planned. Those who are caught attempting to prey on children - even if no child is present - deserve stern penalties if convicted by a jury.
If police weren't catching these predators online, it's entirely likely they'd be setting up meetings with teenagers who are very real.
Internet predators now are routinely investigated and prosecuted nationally in the same way Sioux Falls police are attempting now. Protecting teens and younger children online requires tools we couldn't have imagined when most of our laws were written. Police need to be given those tools.
If this ruling does not go in the prosecution's favor - that's quite possible - the Legislature should address the issue in next year's session.
http://www.argusleader.com/apps/pbcs.dll/article?AID=/20080719/VOICES01/807190311/0/voices09&template=printart
The link in the quote as a hotlink is
Argus Leader Editorial Printable Version
This text from the editorial is one disturbing concept:
The first count isn't being challenged. But as Judge Brad Zell pointed out, the law doesn't allow for the prosecution of crimes against victims who don't actually exist. That circumstance does seem to set a troubling precedent.
It is troubling that the ARGUS considers this a loophole in the law which somehow requires fixing. If they don't comprehend the possibilities for prosecutorial abuse of such a broad power, let's put it in terms of this editorial or recent libel cases against the ARGUS.
Assume for a moment that press errors are viewed by a repressive authoritarian government as terribly serious and socially damaging problems. So, they allow tests of papers by generating ficitional witnesses, stool pigeons, and whistleblowers who communicate with the paper via the internet. The paper is fooled by this dodge and prints the story.
The authoritarian regime then prosecutes the paper for publishing falsehoods and prosecutes them for that "crime" but also allow an attorney working with them to bring civil charges for harassment under color of legal fees on behalf of an imaginary reader and an imaginary whistleblower. Can you imagine the press outrage at such a situtation?
There seems to be an element of insanity in the idea that an individual can be prosecuted for an imaginary crime against an imaginary personna... even if one personna is a cop pretending to be a teenage girl and the prosecuted person is a personna acting as a sexual predator.
But wait incredulous ones, there is more to the editorial insanity.
Protecting teens and younger children online requires tools we couldn't have imagined when most of our laws were written. Police need to be given those tools.
Even if you have near complete trust in the wisdom and virtue of police and insane fear of sexual predators, you might want to think twice about the idea of giving any kind of law enforcement the power to prosecute on the basis of imaginary crimes against imaginary victims.
Freedom of speech, freedom of the press, freedom of religion, freedom of association, freedom of any kind of privacy, freedom to vote for the right or the wrong people, freedom to earn a living..in short any kind of freedom can be threatened by any kind of precedent that allows law enforcement and prosecutors to prosecute for imaginary crimes against imaginary victims.
If police really "need" tools like that, it is time to wonder why they can't make a case based on actual behavior not generated by police acting as if they are something they aren't. It is not a problem with a loophole in the law or a judge's decision, it is a problem with police incompetence.
This editorial gives the impression the editorial board has real admiration for the kind of internet censorship and monitoring favored by the Chinese Communist government and SE Asian dictatorships.
This editorial supports shredding the constitution and all civil rights in the desire to control internet access and communications between sexual predators and teenagers with mental problems and gross ignorance of the world.
It is a variation of the burn the village to save the children or the "Better dead than Red" logic that led John Birchers to conclude that we should drop a nuclear weapon on Cuba to save them from communism.
The editors might want to remember what Benjamin Franklin said or wrote:
People willing to trade their freedom for temporary security deserve neither
***Stay tuned even if you support your local dead tree editors no matter what they write--- Doug Wiken
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