Quote:
Originally Posted by CDSmith
Yes, the "it's unconstitutional" argument is pure bunk.
And I'll say this... Anyone, any high-up official or legal entitity etc, who would make the move to bring a lawsuit with the aim of shutting the show down, those people leading such a move would aquire the label of supporting the predators.
I woudn't want that label, that stigma.
But it's been explained six ways to next week as to why the show and the process employed to catch the perps is NOT unconstitutional, and is not unlike the methods used to catch johns trolling for hookers etc. In my mind, the show serves to raise awareness out there, in parents, and in kids, which is a good thing.
To argue that the show should be cancelled and shut down, you are always going to have people saying you are supporting the pedos, that's just the way it is. People feel too strongly about this issue and are sick and tired of this shit going on. I'm betting a lot of people that watch the program for the first time are scared to death once they see just how rampant and widespread the problem is.
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Ok, since I made the 'unconstitutional' remark, I assume you directed that comment at me. Now, I never said it
was unconstitutional; I said that it is arguably unconstitutional. This means that there is no case law, but it could possibly be changed in the future.
(THIS IS ALL MY OPINION)
What I would argue is that something like this has never been done in the United States - with the mass media (NBC), a vigilante group, and government agents all working together to pubically humilate American citizens.
I'll begin with the possible Fifth Amendment problems surrounding this show.
In 1966, there was a landmark United States case called Miranda v. Arizona, which states that a person must be read his or her rights before any possible self-incriminating comments could be made by that person.
Now, on that show - the police DO read the person his rights -BUT- NBCs cameras are STILL ROLLING while the person is being interrogated. So, basically this guy is sitting there knowing the entire nation (+friends/family) will be watching him get drilled about solicitating minors online for sex.
Ok, so you'll say, "Well, he should demand a lawyer and get his day in court."
Well, I'd have to argue that the mental anguish of his family, friends, and the entire nation seeing this will make him start to try to defend himself (any human in a situation like this would). At this point, he is in a "mass media panic" and disregards his rights, so he will futilely try to save face by making up a story about not going for sex, or whatever the story.
At that moment when he is trying to save face, he is also giving the state evidence against him for the trial. Basically, he is taken to be interrogated right after Chris Hansen tells him he is on national television, and the guy is rightfully still upset and panicking, so he is just blabbing anything that can possibly make him look good (he doesn't realize he is already sooooo fucked).
So, the state gets all of this information against him while he is in this unique position of being interrogated in front of his friends, family, and the nation. There hasn't been anything like this before that I know of, so it still needs to be addressed in the courts.
To sum up what I just said, it may be arguable that the confessions are achieved through coercion, coercion by the international audience watching. I'll coin it "insaniae via populi". (Madness by means of the people.)
(This probably won't be ever be addressed.)