by ricardo » Sat May 12, 2012 4:11 pm
affirmative defense for entrapment. is weighted against defendants
in composition of inducement vs predisposition. the later being nebulous
and " subjective" predisposition characteristics read like thought crimes.
ideas or concepts never intended to be actionable . is sympathy for
voted/ labeled terrorist groups = freedom fighters ' by any other name' ...
predispose one to criminal terroristic behavior ?
consider a statement of support for what is considered armed resistance
could be to locals inferred as self defense of ones country. and , in a context
of statements in a crowd , bravado, bragging, more-often are haphazard in fact.
many times boosting to impress.( a motive) one caught up in a 'heated moment' 'conjecture' and 'peer pressure '(gang mentality) can be compelled out of duress. how easy , the content and purpose of statements can impair; intent, meaning and outcome.
to deprive a person of their liberty based on these emotional statements subject
to context, idiosyncrasies of syntax and metaphoric transition over time . is a equation for false conclusion.
parenthetically/ conversely, predisposition may include items that quantitatively , coincidentally, or through association are linked to criminality.
however , it is important to note this is not a science (fact) and,
therefore, has no place in modern jurisprudence except as a limited
investigative tool.