Module 6 Discussion: Legal Issues You are the defense counsel for your client who has been charged as part of the Play Pen case. You are at an evidentiary hearing and want the evidence thrown out in the case. Make an opening statement on why the evidence should be thrown out.


Module 6 Discussion: Legal Issues

You are the defense counsel for your client who has been charged as part of the Play Pen case. You are at an evidentiary hearing and want the evidence thrown out in the case. Make an opening statement on why the evidence should be thrown out.

Case Study #2: Play Pen

The FBI did exactly what they should be doing. There are some issues with the case that even I question, but considering the nature of the offense I personally don’t have a problem with anything on this case. It’s as if the idea of justice being blind is not always the best approach. Here is a case where kids were being abused as it was going on and they end up getting rescued. Does someone have a problem with that? Do we even have to stoop as low as saying “What if it was your kid?”  If it was my kid the case would be settled out of court. Some of you will say “Oh my Gosh, I can’t believe he said that and others will be quiet because they know what I’m talking about!”

Additionally, one should consider the direction those cases like Play Pen could take investigators. With technology being the way it is today, a case like this could easily lead to a live stream of a child victim that is being molested or trafficked. Investigations like this are needed in efforts to rescue such victims.

 

Scenario:

Mr. Creepy hears about this place where he can go to look at child pornography. He knows that child pornography is illegal but he starts looking for a place to go anyway. He has to take specific actions to be able to fund this location. Eventually, he learns the location is 123 Main Street. One night he decides he is going to go to 123 Main Street because he wants to view child pornography. Prior to leaving he puts dark clothing on and a disguise to hide his identity.

He doesn’t want to be seen. When he gets there he knocks on the door and says “I heard I can look at child pornography here, can I come in?” He is told you have to be a member, we are a private club. Mr. Creepy replies “how do I become a member?” He is told he just needs to sign up. Come up with a secret code name and a password that he would give every time he shows up. Mr. Creepy says “ok, but you won’t tell anyone I’m here right.” This place tells Mr. Creepy, “no just come in and look at whatever you want to look at. Come and go as much as you want”.

Mr. Creepy keeps coming and going time after time for about two weeks. No one ever stops him from leaving, no one ever made him go. The place shuts down with no notice and then a couple of weeks later the police are at Mr. Creepy’s door with arrest warrants for Mr. Creepy since he was coming and going to 123 Main Street.

 

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