Case Brief

CASE BRIEF deterrent example State of Missouri v. David R. Bullock, 03CR679889. MO, www. motor hotel of justices. mo. gov/ solecismnet FactsAt the time of the filing of his appeal, Mr. David R. Bullock had been charged and convicted of attempted statutory fumble (under RSMO 566. 032 and 564. 011) and attempted cozy exploitation of a minor (under RSMO 564. 011 and RSMO 566. 032). David R. Bullock diligent in several conversations via email and chat rooms with a north County Deputy Sheriff who was conducting a sting operation against pedophiles.The Deputy took on a persona of a thirteen year old female by the name of Ashley Anne. Many of the conversations that took center between Mr. Bullock and Ashley were of a versed temper. During conversations between Mr. Bullock and Ashley, he discussed how he would like to engage in certain acts ( knowledgeable) with her and her friends (girls of younger age) and how he would like to video those acts. He communicate Ashley that the co nversations ab surface meeting with her and her friends should non be discussed because it was non legal for them to meet. finally a meeting was scheduled for a time and a ship to meet and particularized instructions were given to Ashley on how the meeting should address rear end. Ashley was told that upon her arrival to the contract location, she should meet Mr. Bullock in a specific area of that location. On October 18, 2002, Mr. Bullock and the decoy Ashley were present at the qualify location, along with computer and video equipment in his fomite, which ultimately leads to page 2 Mr. Bullock being arrested. At the time of the arrest, Mr.Bullock did not repudiate having conversations with Ashley but explained that if she would arrive, he just wanted her to be counseled by the political science on the dangers of meeting strangers on the internet. Mr. Bullock argues that his gaffe is a case of entrapment and that he took no veridical move towards committing the cri mes he has been charged and convicted of. taradiddle David R. Bullock of Bowling Green, Missouri was charged and later convicted of attempted statutory violation and attempted sexual exploitation of a minor the defendant was found guilty by Jasper County Court in December of 2003.Mr. Bullock communicate an appeal on the basis of entrapment and sufficiency of evidence. The appeal was granted and The salute determined that the defendant in fact took actual locomote toward committing the crimes he was convicted of and the theory of entrapment was extinquished because Mr. bear did not admit to committing the crimes and it was not proven that the commission of these acts were not of apprehension defendant being ready and willing to commit these acts. The Appeal Court affirmed. disciplineShould people be convicted of crimes that are initially staged to seek fall out much(prenominal) individuals and are there distinguishable characteristics of acts that can be considered as meaning(a) steps when it comes to gaining a conviction on these grounds? Mr. countenance argued that if it wasnt for the Deputy (Ashley) engaging him in such(prenominal) conversations, he would be in possession of not carried out those acts. He stated that he was only expressing his fantasies (which he was not charged or convicted of) and would not put on considered acting upon them without the inducing of the Ashley.Secondly, he stated that conversations regarding future plans, solicitation or arriving at the pageboy 3 planned location does not constitute a square step in committing the offenses that he wasconvicted of. The move is left to decide whether the suspect was predisposed and not induced to commit these crimes and if the acts that he carried out would be sufficient enough to be considered true preparation for the commission of express crimes. DecisionYes. The appellant court affirmed the judgment of the lower court and upheld the defendants conviction.RationaleThe court reasons that the vindication of entrapment is only open to a defendant if there is evidence both of an unlawful inducing by police to commit an unlawful act and the absence of a predisposition to engage in such conduct (the defendant was not ready and willing) to commit an unlawful act. Also, the disproof of entrapment is an affirmative defense by which the defendant must admit having engage in the disallow conduct to be entitled to an entrapment instruction, which the defendant did not. Concerning the sufficiency of evidence unanimous steps, the court found the analysis in State v.Young, 139 S. W. 3d 194 (Mo. App. W. D. 2004), to be accurate and similar to the case at hand. In this case, the defendant engaged in e-mails and instant messaging of a sexual nature with a sheriff posing as a 14-year-old girl. Id. at 195. The defendant make plans to meet the victim at a bowling alley at a specific day and time and told the victim that he would be bringing condoms, alcoholi c beverages, and lubricant. Id. After the defendant arrived at the meeting head and was found with condoms, four wine coolers and lubricant, he was arrest.These acts were considered to be a satisfying step Page 4 in the commission of the crime. Likewise, Mr. Bullock had sexual conversations with Ashley, communicate to engage in sexual acts with her and friends (which were to be filmed), withstandd to meet, gave instructions to Ashley on how to meet, arrived at meeting place with video/computer equipment and exited his vehicle and followed Ashley. The court assessed that these acts were deemed as criminal and are clearly crimes of attempted statutory rape and attempted sexual exploitation of a minor.NotesI ensure with the rationale and the decision of the court. Their citing of the State v. Johnson, 728 S. W. 2d 675 (Mo. App. S. D. 1987) which states that a defendant is not entitled to entrapment instruction when the defendant charged with selling narcotics denies committing the crime is resembling to the circumstances surrounding Mr. Bullocks appeal. One cannot claim entrapment when sensation claims no wrong doing to be trapped. Also, another great citation that make the decision of the appeal court clear was State v. Young, 139 S. W. 3d 194 (Mo. App.W. D. 2004). at that place were many aspects of the Young case that were similar to the Bullock case such as sexual conversations with an underage female (law enforcement), future meeting plans, and suggest items brought to the meeting. In reviewing the case it was apparent to me that there were several substantial steps that this defendant took and was acted upon with aid to accomplish his planned crimes. Page 5 flora CITED Schmalleger, Hall & Dolatowski, Criminal Law Today, Columbia College Edition, Custom Publishing, New York, 2010.Case BriefCASE BRIEF Case State of Missouri v. David R. Bullock, 03CR679889. MO, www. courts. mo. gov/casenet FactsAt the time of the filing of his appeal, Mr. David R. Bu llock had been charged and convicted of attempted statutory rape (under RSMO 566. 032 and 564. 011) and attempted sexual exploitation of a minor (under RSMO 564. 011 and RSMO 566. 032). David R. Bullock engaged in several conversations via email and chat rooms with a nitrogen County Deputy Sheriff who was conducting a sting operation against pedophiles.The Deputy took on a persona of a thirteen year old female by the name of Ashley Anne. Many of the conversations that took place between Mr. Bullock and Ashley were of a sexual nature. During conversations between Mr. Bullock and Ashley, he discussed how he would like to engage in certain acts (sexual) with her and her friends (girls of younger age) and how he would like to video those acts. He certain Ashley that the conversations about meeting with her and her friends should not be discussed because it was not legal for them to meet. last a meeting was scheduled for a time and a place to meet and specific instructions were given t o Ashley on how the meeting should photograph place. Ashley was told that upon her arrival to the specified location, she should meet Mr. Bullock in a specific area of that location. On October 18, 2002, Mr. Bullock and the decoy Ashley were present at the specified location, along with computer and video equipment in his vehicle, which ultimately leads to Page 2 Mr. Bullock being arrested. At the time of the arrest, Mr.Bullock did not deny having conversations with Ashley but explained that if she would arrive, he just wanted her to be counseled by the administration on the dangers of meeting strangers on the internet. Mr. Bullock argues that his case is a case of entrapment and that he took no substantial steps towards committing the crimes he has been charged and convicted of. bill David R. Bullock of Bowling Green, Missouri was charged and later convicted of attempted statutory rape and attempted sexual exploitation of a minor the defendant was found guilty by Jasper County Court in December of 2003.Mr. Bullock requested an appeal on the basis of entrapment and sufficiency of evidence. The appeal was granted and The court determined that the defendant in fact took substantial steps toward committing the crimes he was convicted of and the theory of entrapment was extinquished because Mr. allow did not admit to committing the crimes and it was not proven that the commission of these acts were not of forethought defendant being ready and willing to commit these acts. The Appeal Court affirmed. goingShould people be convicted of crimes that are initially staged to seek out such individuals and are there distinguishable characteristics of acts that can be considered as substantial steps when it comes to gaining a conviction on these grounds? Mr. abide argued that if it wasnt for the Deputy (Ashley) engaging him in such conversations, he would have not carried out those acts. He stated that he was only expressing his fantasies (which he was not charged or convicted of) and would not have considered acting upon them without the inducement of the Ashley.Secondly, he stated that conversations regarding future plans, solicitation or arriving at the Page 3 planned location does not constitute a substantial step in committing the offenses that he wasconvicted of. The court is left to decide whether the suspect was predisposed and not induced to commit these crimes and if the acts that he carried out would be sufficient enough to be considered true preparation for the commission of give tongue to crimes. DecisionYes. The appellant court affirmed the judgment of the lower court and upheld the defendants conviction.RationaleThe court reasons that the defense of entrapment is only available to a defendant if there is evidence both of an unlawful inducement by police to commit an unlawful act and the absence of a predisposition to engage in such conduct (the defendant was not ready and willing) to commit an unlawful act. Also, the defense of entrapment is an affirmative defense by which the defendant must admit having engaged in the veto conduct to be entitled to an entrapment instruction, which the defendant did not. Concerning the sufficiency of evidence substantial steps, the court found the analysis in State v.Young, 139 S. W. 3d 194 (Mo. App. W. D. 2004), to be accurate and similar to the case at hand. In this case, the defendant engaged in e-mails and instant messaging of a sexual nature with a sheriff posing as a 14-year-old girl. Id. at 195. The defendant make plans to meet the victim at a bowling alley at a specific day and time and told the victim that he would be bringing condoms, alcoholic beverages, and lubricant. Id. After the defendant arrived at the meeting place and was found with condoms, four wine coolers and lubricant, he was arrest.These acts were considered to be a substantial step Page 4 in the commission of the crime. Likewise, Mr. Bullock had sexual conversations with Ashley, requested to enga ge in sexual acts with her and friends (which were to be filmed), agreed to meet, gave instructions to Ashley on how to meet, arrived at meeting place with video/computer equipment and exited his vehicle and followed Ashley. The court assessed that these acts were deemed as criminal and are clearly crimes of attempted statutory rape and attempted sexual exploitation of a minor.NotesI agree with the rationale and the decision of the court. Their citing of the State v. Johnson, 728 S. W. 2d 675 (Mo. App. S. D. 1987) which states that a defendant is not entitled to entrapment instruction when the defendant charged with selling narcotics denies committing the crime is like to the circumstances surrounding Mr. Bullocks appeal. One cannot claim entrapment when mavin claims no wrong doing to be trapped. Also, another great citation that make the decision of the appeal court clear was State v. Young, 139 S. W. 3d 194 (Mo. App.W. D. 2004). at that place were many aspects of the Young case that were similar to the Bullock case such as sexual conversations with an underage female (law enforcement), future meeting plans, and incriminate items brought to the meeting. In reviewing the case it was apparent to me that there were several substantial steps that this defendant took and was acted upon with forethought to accomplish his planned crimes. Page 5 whole kit and caboodle CITED Schmalleger, Hall & Dolatowski, Criminal Law Today, Columbia College Edition, Custom Publishing, New York, 2010.