Willing does not indicate intention. Go back to law school, Williams. And take that fake judge with you.
Posted on 08/19/2022 11:57:35 PM PDT by Libloather
At the request of the defense, the judge on Friday instructed the jury in the Gov. Gretchen Whitmer kidnap trial about what entrapment means - though his instructions on what it doesn't mean may help the prosecution.
At issue: Did the defendants show any reluctance, the judge noted, or were they already willing participants?
"The crucial question in entrapment cases is whether the government persuaded a defendant who was not already willing to commit the crime to go ahead and commit it," U.S. District Judge Robert Jonker told jurors, who are set to begin deliberations next week in the retrial of Adam Fox and Barry Croft Jr. on charges they plotted to kidnap Whitmer out of anger over her handling of the pandemic.
Sometimes an agent must 'pretend to be a criminal'
Fox and Croft have long argued that they were set up by rogue undercover FBI agents and informants who they allege hatched the kidnapping plan and ran the whole show. The prosecution says the defendants were armed, eager and willing to kidnap the governor, never showed reluctance and discussed snatching a governor long before the FBI got involved.
In court Friday, Jonker explained to the jurors the following elements about entrapment:
- It's not entrapment if someone is already willing to commit the crime.
- Even if the government provides someone with a favorable opportunity to commit the crime, it's not entrapment if that person is already willing to commit the crime.
- If an FBI agent persuades someone to commit a crime, it's not entrapment if that person is already willing.
(Excerpt) Read more at news.yahoo.com ...
Whitler was in on it.
unfortunately the judge is correct about the law. True entrapment you are tricked or forced into a situation without ever intending to commit the crime.
It may not be fair but that’s how it works.
I have as much issue with this as I do pre conviction confiscation and CCE and RICO
Overeach much like federal sentencing guidelines which are worlds most punitive
Not state which are often ineffectual
mind readers?...thought control?....
talk is talk and action is action....
how many times have we said things that we had any intention of acting on as in "I could eat a horse"....
Willing does not indicate intention. Go back to law school, Williams. And take that fake judge with you.
It is entrapment if you encourage someone to do something that they have not made any moves towards doing it. Listening to an informant plan and plant a course of action that the listener hadn’t thought of or announced movement on, is entrapment.
It’s extremely important for the American people to remember that under state and federal law, Gretchen Whitmer is innocent until proven guilty.
“Talk” is no longer cheap. What used to be thought of as “cheap talk” has been made to be very costly by the people who do that kind of talking.
“Gretchen Whitmer is innocent until proven guilty.”
No, she is not guilty until proven guilty beyond a reasonable doubt.
Applicable nuance duly noted! Technical correctness is the best kind of “correct”.
Did the FBI actually claim that she disrepected Michiganders’ constitutional rights? If so, why didn’t they charge her rather than hatch this assassination scheme?
I don’t know; haven’t followed this case. I was just making a legal point.
Hopefully there is at least one sensible person on that jury, even though the government will keep retrying for eternity.
Even if the state(FBI) keeps you high all the time and plies you by having a woman sleep with you? FBI constantly smoked pot with the one guy.
I always thought it was the “if not for” test.
A jury is able to decide whatever the hell it wants. If I were on the jury my thought process would be simple: “The FBI did something. And I don’t like it.”
It’s not a lie if you truly believe it.
And republican juries always seem to want to follow the law.
I would love to see more jury nullification in cases like these. Stick a thumb in the eye of the Wokestapo.
That should also include means. If the government puts you together with coconspirators so that you are essentiallly aided, to commit a crime that should be entrapment too.
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