I jokingly posted on Facebook right after New Years the following: “I wonder how many calls I’ll get in the next few days from potential clients saying ‘Those DUI checkpoints are entrapment!'”
This led to many questions. Let’s see if can address some here.
Entrapment is when the police lure you into doing something you wouldn’t normally do, usually coercing or bribing you into committing a crime (usually with codefendants). It doesn’t happen that often.
If the police sit near a bar and then start following cars to pull them over when they show signs of intoxication, that’s not entrapment. The police officer did not coerce you to drink and drive.
If there is a sobriety check point, that is not entrapment. (It may be illegal for other reasons, such as the police did not get approval from a judge first, or they are not checking drivers in a random fashion but instead are targeting people). Once more, they didn’t coerce you into committing a crime; they just caught you at it when you didn’t expect them to.
If an undercover cop is posing as a prostitute and you engage her services and then she arrests you, that is not entrapment. You could have said no to her offer.
“Entrapment” requires the police getting you to do something you wouldn’t have done absent their involvement and encouragement. If you say no and the cop insists and insists and finally convinces you, then your case is stronger for entrapment.
Just putting a prostitute out there and having someone take advantage of it is no more entrapment than having a bank there. “They entrapped me into robbing the bank by having it just sitting there!”
Here’s an extreme example to show what entrapment is:
“Hey, would you do me a favor and go buy some drugs for me? Here’s $100, you can keep $50 of it.”
“No, I’m not going to do that.”
“Okay, here’s $200, you can keep $150 of it.”
“No!”
“Okay, here’s $500, you can keep $450 of it.”
“Ooh, I could really use that money. Okay, just this once.”
“Caught you! You’re under arrest!”
Most cases where entrapment is used as a defense aren’t as obvious as that example but you can see the basic point. There is no bright line test. It’s up to a defendant to convince a judge or jury that he wouldn’t have done the act absent the cop coercing him to do it.
Where do our moral beliefs originate?
Religious people will tell you it comes from their god. But then they ignore all the things in their religious books that contradict that (slavery is fine, divorcees should be stoned to death, eating shellfish is a sin…).
Those of us who don’t believe come to our morality by using logic and empathy. We don’t act the way we do because of a fear of punishment in the afterlife we don’t believe exists; we do things because we think it’s right — it’s the way we want to treat others and how we would like to be treated in return.
And so do religious people, but they don’t always realize it.
For instance, if your religious leader suddenly told you to do something that you consider wrong, would you do it? If your preacher pointed to the Bible to justify children getting married at age 14 because the Bible allows it, would you say, “Well, that’s what God wants so I’m going to go marry a 14-year old”?
A better example may be gay marriage. Many preachers argue that this is a sin and that God hates gay people, but many religious folks have rejected that. They ignore their leaders — or they shop around until they find another church that agrees with their views.
See? Your morality is within you. It’s in the choices you make. Sure, your religion may offer you guidance but do you know of anyone who says, “Well, I disagree with this view completely but I’m still going to follow it”? Even a majority of Catholics believe that abortion should be legal.
You don’t need religion to have morality and, if you’re being honest with yourself, you can come up with many religious people whose morality is questionable at best.
And that’s why it is so insulting when religious folks tell atheists that we have no morals, because we came by our morals the same way they did.
Merry War on Christmas, everybody!
Anger drives ratings, as Fox News is well aware. And that’s why they created the War on Christmas. Those poor Christians, being attacked and persecuted and treated terribly — how awful it must be to be a discriminated against majority. All those laws requiring people to never say “Merry Christmas” … oh wait.
Every example Fox News gives for a “War on Christmas” always boils down to something like “They won’t let us force kids to sing our religious songs!” or “They say ‘Happy Holidays’ which acknowledges that not everyone is a Christian and therefore they are attacking us!” or “They are refusing to allow us to use taxpayer dollars for a religious display.”
This year is even worse, because the Fox News President claims that finally, people can say “Merry Christmas” again, as if Obama prohibited everyone from saying it. (Here, of course, is where we insert the clips of Obama saying “Merry Christmas” multiple times over eight years).
So for five years now, I have challenged anyone to give me an example of a real “attack on Christmas,” because every one of these examples is, in reality, fought in defense. You wouldn’t even hear about them if these particular Christians weren’t trying to require everyone to obey their beliefs.
There are some Christians who apparently are so self-centered that if you say something like, “I respect your beliefs even though I do not share them and sincerely hope you have a happy holidays,” they are convinced that you are out to take away their rights.
So find me one example of anyone trying to prevent people from celebrating a religious Christmas. Just one.
I have a feeling I know what the result will once again be.
(And yes, of course, just to clarify: #notallChristians)
My wife Heidi Hooper is an award-winning artist who specializes in, believe it or not, dryer lint art. Seriously, she’s in Ripley’s Believe it or Not museums around the world (and in their books) and will soon be seen on a major TV show that we can’t tell you about yet.
So she sometimes gets people emailing her to buy her artwork or to ask for a special piece made just for them. But since I’m the lawyer and the writer, she often asks me to answer her email for her when these transactions come about.
“Docs Playing Poker” by Heidi Hooper
So today she received this request:
Hello,
My name is Rob Carter from Virginia.. I was looking for some artwork online and I found your contact and works while searching and I must tell you, You are doing a great job, I would really love to purchase some of your works for my wife as a surprise present regarding our forthcoming 20th anniversary, I would like to receive further information about your piece of work and what inspires you..Also, kindly email me back with some images and price list of your inventory that is ready for immediate sales within my price range ($2,000- $13,000).. Hope to hear from you soon..
Thanks and best regards.
I was immediately suspicious. No mention of her unusual work? No description of the art? Just “Hello, I want art. Please sell me some.” But just in case it really was a legitimate offer, we sent this response:
You can see all my work on my web page (www.HeidiHooper.com) with the prices. Just let me know what you like. And if you want a special order, let me know that as well. – Heidi
Soon the response came in:
Hello Heidi, thanks for writing back it’s nice hearing from you… Well, Can you please let me know the availability and pricing of this painting (Docs Playing Poker)? Kindly confirm the availability and pricing asap. Hope to hear from you soon, Rob.
Well, at least he looked at the website. But “Docs Playing Poker” is hardly a “painting” since it’s made out of dryer lint. And you’d think he’d make some comment like, “I want that one because my wife loves Dr. Who.” So we replied:
One of my favorites, as I’m clearly a Dr. Who fan. They’re all cheating, too. That’s one of the larger pieces, 24 x 36 (not counting the frame, which is of course included). It sells for $5500. Shipping would be extra, and I usually send them overnight because then it’s all insured and everything. That way you could get it for Christmas. Where in Virginia are you? I’m originally from Richmond and got my undergraduate degree in sculpting from VCU. I look forward to hearing from you. – Heidi
Note that since he mentioned Virginia, we did too just to see if he knew anything about Virginia. His response did not mention that, but he did start to run the scam now, thinking we were all excited about making that much money:
Dear Heidi, Thanks for writing back it’s nice hearing from you.. I must tell you I intend to give my wife a surprise with the immediate purchase of the piece. Also If you’d like to know, I’m relocating to the Philippines soon and our wedding anniversary is fast approaching. So I’m trying to gather some good stuff to make this event a memorable one.. I’m okay with the painting and price (Docs playing poker $5,500) I think it’s worth it anyway, so I’ll be sending a Check..
As regarding shipping, you don’t have to worry about that in order not to leave any clue to my wife for the surprise, as soon as you receive the check and it clears with you, my shipping agent (who is also moving my personal effect) will contact you to arrange pick-up..
I would have come to purchase the piece myself but, at the moment, am on training voyage to the North Atlantic Ocean (I’m an ocean engineer) with new hires who are fresh from graduate school and won’t be back for another couple of weeks..
Regards!
PS: In the meantime, kindly get back to me with your full name (you want the check payable to) cell phone no. and mailing address (preferably for USPS or FED-EX not P.O box) where a check can be mailed to so I can get the check prepared and have it mailed out to you asap..
Here’s where it’s clear, and I’m mostly sharing this with you so that you don’t fall for these kinds of scams. Usually, it’s done when people are selling things through ebay or something, but they only want to send you a check and they want your phone number (because it’s easier to con you by phone) and your address.
So we responded as follows:
If you want to rush this, you can PayPal me at HeidiHooper1@gmail.com. Thanks!
Check payable to Heidi Hooper, PO Box 349, Tannersville, PA 18372
You can call my husband at his office if you have any problems.
Note that we specifically did not give out our home address, and that phone number? Goes right to my law office.
This is how this scam works: They give you a bad check, usually from a fake bank or a bank far away, and they overpay and ask for you to refund them. Then the check bounces and you’ve just lost not only the money you gave them but the item you sold them as well. (Here’s a detailed article from Snopes on how this scam works.)
So, predictably, the next email from him was a bit more emphatic about how he would have someone come by to pick up the art and all we’d have to do is pay that person for picking it up — from the check he was sending, of course.
Dear Heidi, Thanks for the details which I’ve noted down, My wife handles the family credit card/bank issues, and in order not to leave any clue to her for the surprise, I’ve contacted a client of mine to issue out a check which will include my shipping agent fees to you, But courtesy demand I must first appeal to your self interest and ask for your help in remitting the overage (after deducting your fee for the piece) to the shipping agent as soon as the check clears..
I would have handled this much differently if I’d been at home but am a bit pressed for time as our anniversary is fast approaching and do not have access to a lot of cash over here to expedite this transaction…. trying to kill two birds with a stone. kindly deduct any tax incurred on the overage before giving the balance the shipping agent, they are not sending any bill or holding you responsible for the payment of my shipping contract with them..
I am really sorry for the mix up and will appreciate if you get back to me asap to know if i can entrust you with this transaction..
Many thanks and talk to you soon..
To which we replied:
No, sorry, you need to take care of paying your shipping agent yourself. I can arrange for the piece to be able to be picked up at my husband’s law office for you though so it can be done quickly. If you use a money order, then we don’t have to wait for it to clear.
And then it was quiet. Perhaps the mention of the “law office” made our art collector change his mind.
So please beware of this very common scam.
EDIT: The TV show I couldn’t mention when this post was written was ABC TV’s “To Tell The Truth”
I saw this meme on Facebook today and it made me think.
Our society pushes these stereotypes and it’s up to us to reject them as well as to protest when someone tries to force us into those roles or shame us for not following those roles.
Insulting men who cook or clean is common, and some men refuse to learn not because they are spoiled brats but because they’re giving in to peer pressure that calls them pussies for doing housework.
And women face the same problems, being insulted for not being “lady-like” when they enjoy fixing cars or building things.
My wife, award-winning artist Heidi Hooper, faced a lot of that in her past, especially when we were younger, growing up in the south, and dealing with long-held stereotypes. Being told women can’t do metalwork made her study metal sculpting. And there were many times when we’d go into a hardware store and this would happen:
Clerk: Good day, sir, can I help you find something?
Me: (points to Heidi)
Heidi: Yes, I need (obscure tool I know nothing about).
Clerk: (glances at me, concerned, turns back to Heidi): What do you need it for?
Heidi: I know exactly what I need it for. Now where is it?
Society pushes us and pressures us into these stereotypes and it’s up to us to refuse to be placed into these neat little boxes. But, depending on your family, religion, and other factors, it may be harder for some than others to break out of the mold.
So don’t necessarily insult men who fall into the stereotypes and don’t know how to do basic housework; instead, encourage them and let them know it’s all right to do these things.
Unless they really are spoiled brats who are just using it as an excuse. To Hell with those guys.
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