Dateline NBC story

[lawrocket 3]

Folks, there are plenty of things that are going on in this. Unfortunately, these posts seem to be making this more complicated than it really is because there are a couple of different policies and concepts that are entirely distinct but are being lumped together. I will call these two concepts "The Court of Public Opinion" and "The Court of Law." Thus, there are two separate and copeting justice systems, both of which are fine.

These two are highly different and specialized. Examples? O.J. and Michael Jackson. 'Nuff said. There's enough evidence for each of them to be found guilty by the Court of Public Opinion, but neither were found guilty in the Court of Law.

Now, let's take a look at what Dateline did. Dateline did an expose on pederasts using the internet. Unfortunately for these guys, they decided to get their kicks by entering a private residence of another person. Obviously, they did not invite these kids over to their pads. That would be different. But, your "reasonable expectations" are different with private residences. That's why you can't claim "invasion of privacy" if you're a babysitter caught abusing your charge by a nannycam in the parents' residence. Or claim "invasion of privacy" when you get busted on the security cameras at the 7-11 for stealing that can of Copenhagen.

So the press did the same thing as the parent or 7-11 shopowner did. Dateline had permission from the homeowner. You enter a private residence at your own risk. You play by the rules of the homeowner. It's kinda like how free speech protections don't apply on this website.

It's sangiro's house, he can limit what he wants to limit, do what he wants to do. In fact, language and posts from this very website have appeared in citation form in a lawsuit by a particular Georgia-based online seller of skydiving certicates. "Oooh. They cited my posts in from a private forum in a lawsuit. My privacy has ben invaded." Sorry, bub. It doesn't work like that. You've got no reasonable expectation of privacy.

Editorial note - (BTW - note how Court of Public Opinion worked for THAT business, eh? There are 1704 posts on one thread - all intended to convey to the Court of Public Opinion. There are a few hundred more about that business, most of which are less than complimentary, which seems to me to be part and parcel to that justice system.)

So, this Dateline segment affected the Court of Public Opinion. This includes the opinions of families, employers, friends, etc. That's why I try not to do anything I don't want put on national television.

Next up comes the Court of Law. Another link in the system of justice by society. The difference? The Court of Law is government sponsored, which provides additional protections. So out of those, what, 14 or 19 pervs, they've put 4 of them behind bars? Meaning that thgere is more going on.

It's been brought up about "search and seizure." The 4th Amendment protects against unreasonable search and seizure by government agents. So, this group of people gets evidence and testimony and confessions from these putrid scumbuckets. They ain't government.

Back a couple of years ago, Judge Ronald C. Kline of the Orange County Superior Court was busted for child porn and molestation. The molestation case was dropped due to a prior statute of limitations, but the child porn case was brought based upon evidence collected and givent to the police by a computer hacker in Langley, BC. This guy attached a trojan horse to certain child porn images that allowed the guy to hack computers of people that downloaded them. He was a private citizen. The hacker found about 1,500 child porn images on Judge Kline's computer.

A federal judge threw out the evidence, stating that the hacker was quasi-governmental. In other words, this guy, though acting alone, gave evidence to the state. Therefore, this evidence was from an illegal search based on the US v. Wather case in 1981, when the court found that a "paid" informant is a government agent.

The 9th Circuit reversed, holding that a "private person cannot act unilaterally as an agent or instrument of the state; there must be some degree of governmental knowledge and acquiescence. In the absence of such official involvement, a search is not governmental..." By the way, the court DID say that the hacker's conduct was illegal, but not governmental, and therefore fine from a 4th Amendment perspective. Evidence allowed.

Thus, this Dateline information appears to be evidence that could be used by a prosecution. It probably has been and will be used by the police.

But, even if it is not used by investigators (it's enough to get search warrants, etc.), there is no reason why this could not be shown. After all, the information is factual. Truth is a defense to slander, lible, etc. This stuff appears to be information that fulfills a public interest.

So, is the press acting as a justice system? Yep. Is it acting as the "criminal justice system?" Nope. But,public opinion is just as valid in any number of ways, and I see nothing wrong with what Dateline did.

Of course, that's just my opinion...

My wife is hotter than your wife.

[shropshire 0]

Thanks for taking the time to expand.

Cheers,

(.)Y(.)
Chivalry is not dead; it only sleeps for want of work to do. - Jerome K Jerome

[PLFXpert 0]

I agree and aprpeciate your elaboration

Paint me in a corner, but my color comes back.

[Gawain 0]

If I was a DA, I'd get copies of all the tapes, internet logs and then press charges. The press got a good story out of it, but they did a disservice by not serving the community and not alerting the authorities.

So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

[sundevil777 102]

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The press got a good story out of it, but they did a disservice by not serving the community and not alerting the authorities.

I think Dateline should have coordinated this with the police. The guys could have gone to the house intending to kill, and might have even attacked/killed the others in the house on their way to get at the kid.

For what Dateline did to falsify the trucks blowing up on impact story from years ago, I think they should have to admit their intentional deception at the beginning and end of every show.

People are sick and tired of being told that ordinary and decent people are fed up in this country with being sick and tired. I’m certainly not, and I’m sick and tired of being told that I am

[RhondaLea 4]

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Of course, that's just my opinion...

And a fine legal opinion it is. It certainly balances those of us who know we can't change the world, but do know how we would run it if we were designated God Almighty.

The law notwithstanding, I still don't know what I'm supposed to do (as GA) with the non-psychopathic (i.e., previously abused) pedophile. (As GA, I'm going to take care of all the psychopaths in my own inimitable way, so we don't need to worry about them.)

In all seriousness, what does one do with a person who is what he is because horrible damage that cannot be fixed was done to him?

I don't know.

rl

If you don't know where you're going, you should know where you came from. Gullah Proverb