Entrapment claims[edit]
Montopoli also suggests that
To Catch a Predator may not be as immune from the defense of
entrapment as the show claims. Although Perverted-Justice volunteers wait for the suspect to initiate contact, former
Dateline anchor
Stone Phillips concedes that "... in many cases, the decoy is the first to bring up the subject of sex." Phillips defends this, saying that "... once the hook is baited, the fish jump and run with it like you wouldn't believe."
[26] Montopoli contends that this alone may render
Predator-related cases vulnerable to the defense of entrapment. This situation, however, may fail the "reasonable person" test of entrapment, as there is no persuasion or
coercion involved.
[27] The March 2007 issue of
Law Enforcement magazine, a publication of Officer.com, addressed the entrapment issue from a law enforcement perspective. "Though defendants raised the entrapment issue in Riverside, a judge's ruling later threw it out. The judge ruled it differs from a police officer presenting a handful of drugs to a subject and asking if he wants to buy some. In this scenario, the person's being invited to make a snap decision. In contrast, driving to a meeting location afforded these Internet offenders plenty of time to change their minds."
[28]The article continued: "Even so, Perverted-Justice puts precautions in place to thwart the entrapment issue. Volunteers never initiate contact with the person; all communication begins with the offender. Later, contributors never instigate lewd conversations or talks of sexual meetings."
Charges dropped[edit]
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In June 2007, Perverted-Justice was criticized following a sting operation in
Collin County, Texas, as charges against 23 suspected online sex predators were dropped. Collin County Assistant District Attorney Greg Davis claimed the cases were dropped after Perverted-Justice failed to provide enough usable evidence; however, Collin County District Attorney John Roach previously stated his position against the sting was, "We were in the law enforcement business—not show business." Perverted-Justice responded to this change in position by saying both "We called out the prosecutor's office because we knew they could not defend the claim that the evidence was 'inadequate'" and "The very idea that we refused to testify or would ever refuse to testify is absurd."
[29]