Sting Operation on a Child Witness

An online dictionary defines a sting operation as “a complicated confidence game planned and executed with great care (especially an operation implemented by undercover agents to apprehend criminals).” In law-enforcement contexts, covert investigation tactics are essential to obtaining evidence of criminal conduct committed by participants in sophisticated criminal enterprises. Evidence of common street crimes such as drug dealing and prostitution is often gathered with sting operations as well. Lawyers sometimes advise or supervise these activities to assure compliance with the law and admissibility of any evidence that is gathered.

Compare this with the sting operation carried out by a Madison, Wisconsin, criminal defense lawyer against the fifteen-year-old who accused his client of repeated sexual assaults beginning when the boy was nine years old.

The lawyer believed that the boy was lying and thought that the boy’s computer might contain evidence of the child’s independent interest in child pornography. The lawyer was concerned that the police investigator would not objectively seek and examine such evidence and that the boy might destroy evidence on his computer if given any warning.

The lawyer decided to retain a private investigator to trick the child and his mother into surrendering the boy’s computer and any evidence it might contain.

Continue ReadingSting Operation on a Child Witness

Virtual Book Club: Tribe on the Invisible Constitution

As announced earlier this semester, several faculty members have been reading Laurence Tribe’s The Invisible Constitution.  I hope that we will be having a series of posts and comments on the book.  I have just finished reading it.  A few very general reactions will be offered here.

Tribe’s interest is in a set of principles that have come to be accepted as constitutional in nature, but that appear nowhere in the Constitution’s written text.  He lists as examples:

  • Courts must not automatically defer to what elected officials decide the Constitution means.
  • Government may not torture people to force information out of them.
  • In each person’s intimate private life, there are limits to what government may control.
  • Congress may not commandeer the states as though they were agencies or departments of the federal government.
  • No state may secede from the Union.  (28)

In developing his thesis that the Constitution contains such invisible “dark matter,” Tribe implicitly situates himself in opposition to the formalist school of constitutional interpretation, which emphasizes the written text of the Constitution and historical documents from the framing era that shed light on the meaning of the text.  Tribe instead understands the content of the Constitution to evolve over time, even without formal amendment of the text. 

Continue ReadingVirtual Book Club: Tribe on the Invisible Constitution

Quill Awards

I enjoyed the Marquette Law Review‘s annual banquet Friday night.  United States District Court Judge William Griesbach delivered a thought-provoking talk on “The Joy of Law.”  But the personal highlight for me may have been the opportunity, along with my fellow faculty advisor Dan Blinka, to announce the winners of this year’s Golden and Silver Quill Awards for top student comments in the Law Review.  The Golden Quill went to Charles Stone for his comment on classical Chinese attitudes regarding what we might now call plagiarism, which was published at 92 Marq. L. Rev. 199.  The Silver Quill went to Ben Crouse for his comment on worksite immigration raids, which will be published in the upcoming spring issue of the Law Review (Vol. 92, No. 3).  Both of the award-winning comments should be regarded as exemplars of outstanding student scholarship by future generations of Law Review comment-writers.  Congratulations to Ben and Charles!  Congratulations also to Melissa McCord and her colleagues for presenting such a fine program Friday night.

Continue ReadingQuill Awards