Case Brief

CASE BRIEF cocktail dress State of Missouri v. David R. wind, 03CR679889. MO, www. courts. mo. gov/ pillow slipnet FactsAt the clip of the filing of his appeal, Mr. David R. steer had been charged and convicted of act statutory bollix up (under RSMO 566. 032 and 564. 011) and attempted versed ontogenesis of a minor (under RSMO 564. 011 and RSMO 566. 032). David R. confidential information engaged in several conversations via telecommunicate and chat rooms with a northward County Deputy Sheriff who was conducting a sting operation against pedophiles.The Deputy took on a persona of a xiii year old female by the name of Ashley Anne. galore(postnominal) of the conversations that took moorage between Mr. Bullock and Ashley were of a sexual nature. During conversations between Mr. Bullock and Ashley, he discussed how he would wish well to engage in certain acts (sexual) with her and her friends (girls of jr. age) and how he would like to video those acts. He informed Ashley tha t the conversations well-nigh join forcesing with her and her friends should non be discussed because it was not legal for them to proper.Eventually a confrontation was scheduled for a time and a place to meet and specific instructions were given to Ashley on how the collision should scratch place. Ashley was told that upon her arrival to the qualify hole, 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 knave 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 authorities on the dangers of meeting strangers on the internet. Mr. Bullock argues that his fortune is a case of entrapment and that he took no self-colored move towards committing the crimes he has been charged and convicted of. History David R. Bullock of Bowling Green, Missouri was charged and ulterior convicted of attempted statutory rape and attempted sexual exploitation of a minor the defendant was pitch guilty by Jasper County Court in December of 2003.Mr. Bullock pass on an appeal on the basis of entrapment and adequacy of try. The appeal was granted and The court determined that the defendant in fact took essential 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 delegation of these acts were not of foresight defendant being ready and free to commit these acts. The Appeal Court affirmed.IssueShould people be convicted of crimes that are initially staged to undertake out much(prenominal) individuals and are there distinguishable characteristics of acts that poop be considered as substantial steps when i t comes to gaining a conviction on these grounds? Mr. Brooks argued that if it wasnt for the Deputy (Ashley) engaging him in such(prenominal) conversations, he would have not carried out those acts. He state 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 bonus of the Ashley.Secondly, he stated that conversations regarding future plans, assembling 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 check whether the Defendant was predisposed and not bring forth to commit these crimes and if the acts that he carried out would be sufficient complete to be considered true preparation for the commission of said crimes. DecisionYes. The appellant court affirmed the impression of the lower court and upheld the defendants conviction.RationaleThe court reasons that the defense of entrapmen t is only available to a defendant if there is evidence both(prenominal) of an sinful inducement by police to commit an outlaw(a) 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 essential admit having engaged in the proscribe conduct to be entitle to an entrapment instruction, which the defendant did not. Concerning the sufficiency of evidence substantial steps, the court fix the analysis in State v.Young, 139 S. W. 3d 194 (Mo. App. W. D. 2004), to be precise 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 make up as a 14-year-old girl. Id. at 195. The defendant do plans to meet the victim at a bowl alley at a specific day and time and told the victim that he would be carry 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 engage in sexual acts with her and friends (which were to be filmed), hold 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 bring inly crimes of attempted statutory rape and attempted sexual exploitation of a minor.NotesI agree with the rationale and the end 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 sell narcotics denies committing the crime is identical to the circumstances sur rounding Mr. Bullocks appeal. One cannot claim entrapment when one claims no wrong doing to be trapped. Also, another great citation that made the decision of the appeal court clear was State v. Young, 139 S. W. 3d 194 (Mo. App.W. D. 2004). There 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 incriminating items brought to the meeting. In reviewing the case it was apparent(a) 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 WORKS CITED Schmalleger, Hall & Dolatowski, Criminal Law Today, Columbia College Edition, consumption 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. Bullock had been charged and convicted of a ttempted 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 Newton 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 informed Ashley that the conversations about meeting with her and her friends should not be discussed because it was not legal for them to meet.Eventually a meeting was scheduled for a time and a place to meet and specific instructions were given to Ashley on how the meeting should take 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 authorities 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. History 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 a n 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. Brooks 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.IssueShould 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. Brooks 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 Defendant 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 said 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 proscribed 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 made 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 engage 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 identical to the circumstances surrounding Mr. Bullocks appeal. One cannot claim entrapment when one claims no wrong doing to be trapped. Also, another great citation that made the decision of the appeal court clear was State v. Young, 139 S. W. 3d 194 (Mo. App.W. D. 2004). There were many aspects of the Young case that were similar to the Bullock case such as sexual conversati ons with an underage female (law enforcement), future meeting plans, and incriminating 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 WORKS CITED Schmalleger, Hall & Dolatowski, Criminal Law Today, Columbia College Edition, Custom Publishing, New York, 2010.