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April 04, 2008

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Stephen P. Herman, M.D.

Thanks, Katie. In fact, INTENTION is what it's all about. Did he have a predisposition for this kind of behavior or not? If the case goes to trial, that's what the jury must decide. By the way, there are two ways of looking at the various state statutes regarding entrapment: the so-called "subjective" standard focuses on the state of mind of the alleged offender, i.e., did he have a predisposition, would he have done this anyway?, etc. The so-called "objective" standard looks at the mindset of the police officer(s). Did he/she have it in mind to act in a way which would lead the person into an entrapment situation, or not? Most states follow the subjective standard.

Katie

It is an interesting point that no one can create a sexual predator, but, it seems that this man was coerced into a situation which he did not intiate. It took the officer several attempts to persuade Bill into any sort of action. This seems to fit the definition of entrapment. My primary question is that because Bill was not intentionally seeking out contact from this girl because of her age (he explicitly says she is to young), but out of other motivations, in your estimation does his intentions make a difference,or is Bill simply a predator?

Stephen Herman, M.D.

Dear Jordan:
Indeed this IS an interesting case. No one can "create" a sexual predator or a pedophile, as I'm sure you understand. I'm not sure whether public servants have any published guidelines for conducting themselves in this way; I think that police depts. may decide for themselves, possibly with the help of the public prosecutor.

I'm purposely NOT giving my own opinion on this case - at least not for the time being.

Jordan

This is a very interesting case. It makes me wonder about all of the other sexual predators who have been caught and the methods used to catch them. Are these investigators "creating" sexual predators? Don't get me wrong -- I think that these undercover investigations are effective at stopping the real predators and are continually making the internet safer, but do they have guidelines dictating when to stop seeking a particular suspect? After realizing that the person "Bill" was talking to was 15 years old, it was obvious that his original intentions were not to meet someone this young. Why didn't the investigator realize this? It sounds like entrapment to me as well as a less-than-deserved feather in the detective's cap.

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