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Re:Convicted of sex crimes, but with no victims by kergonath on Friday August 28, 2020 @01:57AM (#24301772)
This one’s going to get flagged to death quickly.

Apart from the paedophile angle, there is an interesting philosophical question of whether something is a crime if there is no victim, and whether you should go to jail for something you hypothetically might have done at some point in the future.

Personally, I think of Minority Report the same way as 1984: both are magnifying glasses showing how dangerous some of our tendencies are. Definitely not manuals of how things ought to be done. Being convicted without having harmed anyone is a travesty of justice.

Re:Convicted of sex crimes, but with no victims by chongli on Friday August 28, 2020 @02:22AM (#24301899)
In more typical cases it’s pretty clear cut.

Suppose you just finished working out in the gym, you’re in the locker room getting dressed, and you see a wallet and decide to steal it. Much to your dismay, when you get back to your car and look through the wallet you find your own ID and realize it’s your own wallet that you took. Well, despite your intention to commit a crime no crime has in fact taken place. You’re perfectly within your rights to take your own wallet home with you from the gym, even if you think you’re being sneaky about it.

This concept has a proper name in the law: actus reus [1]. Along with mens rea, it forms a two-part test to determine whether a crime has been committed in common law.

[1] https://en.wikipedia.org/wiki/Actus_reus

Re:Convicted of sex crimes, but with no victims by zmmmmm on Friday August 28, 2020 @02:50AM (#24302042)
> Being convicted without having harmed anyone is a travesty of justice.

In Australia, it's illegal (and someone was convicted) for downloading a drawing of child-like cartoon character (Simpsons) performing a sexual act [1]. The rationale is explicitly that although nobody was harmed in the specific instance, the act normalizes and encourages harm to real victims.

[1] https://www.abc.net.au/news/2008-12-08/fake-simpsons-cartoon...

Re:Convicted of sex crimes, but with no victims by kergonath on Friday August 28, 2020 @04:05AM (#24302471)
Yeah. This is a travesty of justice. And massively hypocritical, if you don’t also punish people who draw murder scenes for normalising and encouraging violence.
Re:Convicted of sex crimes, but with no victims by dependenttypes on Friday August 28, 2020 @03:03AM (#24302134)
Similarly in some countries it is illegal to be found in possession of marihuana (or even just xanax https://www.theguardian.com/uk-news/2019/jan/28/laura-plumme...). In the same spirit it was illegal until relatively recently in the UK to have homosexual sex (see Turing).
Re:Convicted of sex crimes, but with no victims by DarkWiiPlayer on Friday August 28, 2020 @03:02AM (#24302127)
> Being convicted without having harmed anyone is a travesty of justice.

Where do we draw the line though? If you're about to shoot someone and get stopped last second, should you just walk away free to try once more?

Should we be sending the signal to possible future criminals that "you either succeed in your crime, or you get as many chances to try again as it takes"?

I think intentions, to the extent that we can be reasonably sure of what they are, should be taken into consideration more than the actual outcome of an action.

The article presents a very one-sided story of some guy who didn't mean any harm to anybody and didn't believe the person he was talking to was really only 13. Assuming that that's really what happened, the poor guy probably learned a lesson and won't be as careless again (asking for some form of ID could have prevented this whole situation).

The whole point of a trial is to determine an appropriate punishment for a crime that serves to deter others from repeating it. Anything beyond that is just barbarism.

Re:Convicted of sex crimes, but with no victims by likeclockwork on Friday August 28, 2020 @03:17AM (#24302209)
I just want to say that in the US at least as far as I know every part of shooting someone is a crime. So even if you were stopped at the last second you could still be prosecuted for assault, brandishing, etc.

If you were stopped before even trying to shoot someone though what have you really done? You approached someone empty handed?

Re:Convicted of sex crimes, but with no victims by DarkWiiPlayer on Friday August 28, 2020 @04:06AM (#24302481)
My point is, when the intention is clear, an attempted crime should itself be treated as a crime.

What's more, if people weren't so damn emotional about everything, since it's very hard to prove someones intention, cases like the one in the article should be thrown out before ever reaching a judge.

The real evil in this story, I would say, is the typical "innocent until suspected guilty" approach people tend to have for certain crimes, specially when children are involved.

Let's be honest, the scenario of the article didn't prove anything. It gave some indication that maybe the guy was attempting to commit a crime, so he should never have been convicted of anything.

Re:Convicted of sex crimes, but with no victims by kergonath on Friday August 28, 2020 @07:15AM (#24303543)
> The real evil in this story, I would say, is the typical "innocent until suspected guilty" approach people tend to have for certain crimes, specially when children are involved.

Yes, it’s really not helpful.

Re:Convicted of sex crimes, but with no victims by kergonath on Friday August 28, 2020 @04:01AM (#24302447)
It’s true that this is not simple and reasonable people can feel differently about this.

> Where do we draw the line though? If you're about to shoot someone and get stopped last second, should you just walk away free to try once more?

Being caught in the act is different. I guess the equivalent would be to catch them with their pants down with a minor.

> Should we be sending the signal to possible future criminals that "you either succeed in your crime, or you get as many chances to try again as it takes"?

These people, having committed no crime, are not criminals. Putting the basement nerd with socialisation issues in the same bag as actual rapists is about as helpful as saying that a grandad who smoked weed once is like a cartel boss.

> I think intentions, to the extent that we can be reasonably sure of what they are, should be taken into consideration more than the actual outcome of an action.

The main question is “would they have raped a child had they not come across a sting operation”. You can’t punish someone for thinking something.

> The article presents a very one-sided story of some guy who didn't mean any harm to anybody and didn't believe the person he was talking to was really only 13. Assuming that that's really what happened, the poor guy probably learned a lesson and won't be as careless again (asking for some form of ID could have prevented this whole situation).

I thought the article was fairly balanced. It explained why the law came to be written and how traumatic some of the actual assaults are. It also shows how the law is abused to punish people who haven’t done any harm.

The poor guy, as you say, won’t have a second chance, and just had his prospects of doing anything useful in life slashed, and went to serve as profit generator for a prison-operating company. He’s also now much more likely to turn to crime because he can’t have a normal life anymore. He’s also not alone.

There was obviously conflicting information between what the “girl” pretended and what she showed, which is not particularly unexpected if you’ve had any kind of relationship over the internet.

They also arrested him on the doorstep before he had any chance of actually checking, which he claim he was going to do (remember, it’s the Internet, a picture of an id is no more proof than a photo or a profile text).

> The whole point of a trial is to determine an appropriate punishment for a crime that serves to deter others from repeating it. Anything beyond that is just barbarism.

Beating some people into the ground to make an example is barbarism. Particularly if these people are not particularly likely to do what you accuse them of doing. How would it square with the fact that they get harsher sentences than some people who’ve actually harmed genuine children?

This is without even considering that harsher sentences are not much of a deterrent, because the people doing this sort of thing do not expect to get caught, so don’t factor punishment in their risk analysis, if they do any.

Re:Convicted of sex crimes, but with no victims by DarkWiiPlayer on Friday August 28, 2020 @05:17AM (#24302913)
> These people, having committed no crime, are not criminals. Putting the basement nerd with socialisation issues in the same bag as actual rapists is about as helpful as saying that a grandad who smoked weed once is like a cartel boss.

Yes, I agree with that 100%; I was referring specifically to the one statement I quoted about anybody being convicted without having caused any harm. I understood that statement to be absolute, regardless of how close someone might have been to actually causing real harm and how much they might have intended to do so.

Re:Convicted of sex crimes, but with no victims by kergonath on Friday August 28, 2020 @07:56AM (#24303803)
It was probably phrased poorly, sorry. There is a limit somewhere when a crime is being done; obviously you’d want to stop that as early as possible to protect the victim, and punish the offender as such.

In this case, considering none of these people have actually seen the “children” with whom they were supposed to have sex, I find it hard to justify that a crime was about to be done. More than that, the crime was physically impossible, because there was no actual children. It’s particularly bad when following a 24 years old lady is taken as implying that you want to rape a 13 years old girl.

Re:Convicted of sex crimes, but with no victims by throwaway9d0291 on Friday August 28, 2020 @07:10AM (#24303520)
> Apart from the paedophile angle, there is an interesting philosophical question of whether something is a crime if there is no victim, and whether you should go to jail for something you hypothetically might have done at some point in the future.

Sentencing generally has three primary factors:

- Deterrence: The harsher the sentence, the stronger a signal we send to people who might commit similar crimes in the future.

- Rehabilitation: How do we help the criminal so that they don't commit crimes again in the future?

- Retribution: Eye for an eye.

Since there's no victim and no real harm in a sting like this, I don't think retribution should be a factor at all.

Since the "crime" was a construction by the police rather than a real-life situation, I don't think deterrence really makes much sense here. That can be left for the real-life instances of the crime.

So I think the overriding factor in sentencing should be rehabilitation. Getting people like this help so that they can control themselves. I'd say even prison is too much. Ideally, they should be released on parole while they're being treated and not added to any sex offender lists.

Were this to be the end-result of the sting, I think this practice would be totally fine, comparable to (forgive the comparison) animal control neutering strays. Better to get people help before they commit a real crime than after.

Re:Convicted of sex crimes, but with no victims by kergonath on Friday August 28, 2020 @01:13PM (#24307374)
Yes, the fact that they are dumped into the American prison system, which is mainly a profit generator unfit for all three, does not help at all.

I guess if the consequence was that these people had to undergo some psychological tests it would have been better. And even so, I doubt most of them would do anything in the real life, i.e. without some convenient honey trap.

But then, it would be all cost and no reward for the police, so they probably would not bother.

Re:Convicted of sex crimes, but with no victims by Natsu on Friday August 28, 2020 @12:15PM (#24306667)
You left out "containment" -- keeping people who commit crimes away from the general public and thereby denying them the opportunity to commit crimes.

In this case, the age thing is about like asking a prostitute if she's a cop and complaining that she lied when getting arrested.

Re:Convicted of sex crimes, but with no victims by autisticcurio on Friday August 28, 2020 @05:42AM (#24303062)
There is a lot I can say about this subject, half of me is torn between keeping quiet to not harm the scientific discovery, the other half of me doesnt agree with Winston Churchill when he said "the needs of the many out weigh the needs of the few", and what I mean by that is should someone suffer for some scientific experiments and discovery masquerading as law. I'll refer you to the sexual habits of the Bonobo monkey https://en.wikipedia.org/wiki/Bonobo#Sociosexual_behaviour When David Attenborough/BBC filmed them in the 50's or 60's, it was decided that certain elements of their behaviour would be hidden from the British viewing public, instead remaining as knowledge only within academic circles.

I will also say that what you do in your life, what you say, read and reply to can be highly illuminating for some academics especially psychologists and the god like security services, but as always there is not always consensus, think Freud and his Oedipus complex etc. Another example is the Hare psychopathic test. https://www.ted.com/talks/jon_ronson_strange_answers_to_the_... Now it should be noted that Jon is not qualified, but bad science exists in all areas, very few subjects are pure like maths. Some theory's gain popularity over time and others fall into disrepute. I'm also reminded of the fact we are a complex real-time (electro) chemical reaction and this also shapes our conscious and unconscious decisions.

Also I wouldnt under estimate the security services, who in my opinion carry out operations that would never get past the ethics board of a Uni and also engage in phishing attempts amongst many other things; Bitcoins is in my opinion a security services invention for reasons I wont go into here. Tor is also an obvious US Navy example although the popular reasons for existence may not be true, I guess we will never know the truth either! The Military with the police have engaged in many undercover operations for scientific discovery, because firstly if the subjects knew what was going on, you cant be sure the subjects would be acting up for the experiment or not. For a decent scientific study to take place, subjects can not be aware of the real experiment. Some examples: https://www.youtube.com/watch?v=UhqnUTOkpuQ https://www.theguardian.com/politics/2002/apr/21/uk.medicals... And it goes on elsewhere https://en.wikipedia.org/wiki/Unethical_human_experimentatio...

I wonder how many academics will pour over these posts and others for their own research?

The Tea Room Trade also known as the Tea Room Study is an interesting book to read on the subject of human sexuality https://en.wikipedia.org/wiki/Tearoom_Trade and also an unethical study.

But before you get up in arms about unethical studies remember this, criminals and war are unethical so you need to prepare for the worst, but its also why you should let the police handle it first and not go all vigilante.

Cognitive Dissonance is also a powerful force sometimes controllable sometimes not which can literally destroy people in variety of ways and arguably something the religions learnt thousands of years ago by putting the fear of god into people in order to maintain some semblance of law and order when oral tradition was the main form of education. Technological surveillance like we have today didnt exist so other methods had to be developed with the knowledge and toolset of the day and whilst mainly forgotten in the mists of time are still relevant today as part of the toolset.

Manipulation of an individual can take place in many shapes and forms. Derren Brown's recent C4 program 20 years of Mind Control showed some, not all of the methods used to control peoples decision making. https://www.channel4.com/programmes/derren-brown-20-years-of...

When watching this TV program I was reminded of some of Boris Johnsons strange interviews, initially thought to be search engine manipulation, but may have been more involved with the UK Nudge unit than we will ever find out about because unless you were in London, you wont know what else was going on in the area regarding advertising, search engine results and news stories appearing in your news feed if you lived or commuted into London. Yes its more big brother than you think in my opinion.

The biggest issue with kids and sex is its a highly volatile and emotive subject just like Religion, most people want the best for them like they do most people but our society is also setup to make us compete which means some people will stop at nothing to get one over some other people and how exactly do you interpret words written or spoken? There is an element of projection of our own desires in all communication imo. And as others have said here, where do you draw the line? Is someone like this person safer in prison or in the community. I dont think Julian Assange feels safe in Prison, but I would considering his circumstances, never underestimate the innovation of some prisoners. In many ways we are still living the failings of Religion seen as the olde worlde law and order using oral tradition because they probably never envisaged our technological developments today and acquisition of knowledge.

Every country shows the lack of foresight and influence of power throughout time, for example, many roads in the UK follow land owners boundary's unlike the US where you have blocks (avenues and streets) like in New York. Obviously geographical and economical constraints also influence decision making purposes in this road example, but the point is still relevant in all walks of life, including how best to send a message to the wider public about the rights and wrongs of life. Sting/entrap a few people and get the message out via the media perhaps?

Considering what is known today about sexual abuse with minors, education is also a massively controversial subject, do you educate primary school kids or not. The UK Stranger Danger in the 70's & 80's didnt really alert kids to family abuse, so a failing in the state, but kids are also alot like AI, in that they learn from data, which in the case of kids, is from activities going on around them, but manipulation of their curiosity, the omission to present all the facts to educate kids can also lead kids (and people) in general into drawing the wrong conclusion, reminding me of the saying curiosity killed the cat. I'm also reminded that despite being educated in something, we do sometimes forget to remember when we need it most, and its this bit which also intrigues me. The Govt knows the virtue of training, especially the security services like SAS, SBS, Navy seal, yet seeks to punish the public when they forget? Seem hypocritical to me, but lifes lessons can be harsh. The reactions of people is also illuminating, do strong views in situations like this actually give more of an insight into the authors psyche, level of education, and/or emotional stability? Its hard to quantify the level of influence beliefs and age of exposure and repeated exposure have over someone's views and decision making processes, but I whether we like it or not, our parents should take some of the blame something the legal system fails to address considering its virtue signalling and supposed adherence to following the science.

Re:Convicted of sex crimes, but with no victims by onion2k on Friday August 28, 2020 @02:31AM (#24301950)
There are lots of 'victimless' crimes - speeding in your car (reckless driving), buying drugs to consume yourself (use of controlled substances), planning to murder your partner (conspiracy). The victim is either 'society' or the person committing the crime. If you commit one of these crimes you're punished for demonstrating a willingness to do what society as a whole has decided it doesn't want people to do. Whether or not that's correct is a matter for debate, but the idea of 'if there's no victim there can't be a crime' is probably nonsense. There's bound to be at least one or two victimless crimes you think should actually be criminal.
Re:Convicted of sex crimes, but with no victims by mimi89999 on Friday August 28, 2020 @02:43AM (#24302002)
Vehicle speed can be easily measured and is a fact and an offense. Here there were conflicting informations about the other person's age and the offendents could have believed that the other person is 20+.

Let's put that differently. If your speed meeter is broken and you believe that you are not speeding, but in fact are still speeding, then the situation is clear. Here the other person was really 20+, so his judgment was actually correct.

Re:Convicted of sex crimes, but with no victims by FeepingCreature on Friday August 28, 2020 @02:46AM (#24302021)
Victimless is not victimless. I propose the criterion of counterfactual victimhood - whether given the behavior of the subject, there exists an alternate universe in which there was a victim of a crime. For instance, consider an attempted murder that failed before the murderer even got near the target. In that case, the victim is counterfactual. However, there are true victimless crimes even under this definition; crimes that never would have had a victim. Speeding for instance doesn't pass this test, but "smoked a joint at home" does. This seems to make it a good fit for my moral beliefs.
Re:Convicted of sex crimes, but with no victims by DarkWiiPlayer on Friday August 28, 2020 @02:51AM (#24302046)
I think it's less about whether or not actually intending to commit a crime should be punished, but about whether there was ever such an intention in the first place.

The article makes it sound like this person didn't really believe that the person he was talking to was only 13 years old and, given some of the messages mentioned in the article, that sounds reasonable.

He was talking to a bunch of adult using the photo of an adult woman. People on the internet are not exactly known for never bullshitting people just for the lulz.

Re:Convicted of sex crimes, but with no victims by Natsu on Friday August 28, 2020 @12:18PM (#24306690)
The problem here is that this is just the pedo version of asking a prostitute if she's a cop and the intention is exactly the same--to limit the police's ability to catch them.
Re:Convicted of sex crimes, but with no victims by kergonath on Friday August 28, 2020 @01:15PM (#24307405)
No, the problem is that the people being caught aren't "them" (the actual paedophiles you would actually want to get) in the first place.
Re:Convicted of sex crimes, but with no victims by Natsu on Friday August 28, 2020 @07:46PM (#24311745)
Speak for yourself, I don't have a problem with going after people trying to have sex with people who claim they're 13.