7558 Version 1.001
Framing the issues. Entrapment. Factual impossibility. Legal Impossibility.
This page is http://www.lawyerdude.netfirms.com/7558.html
Here is how it works:
1. You get the feeling "I have been screwed"
2. You point out where, when, and how:
They were a whole state away. I was talking to an adult man! They could not have met me; I was 400 miles away. This was a child in adult's clothing!
3. You articulate your theory. Whoops. This is where you fail.
4. You try to find existing theories in which to frame your set of facts.
5. You find cases that help you.
6. You find statutes if possible.
7. In law school we call this Issue Spotting. In the practice of criminal law it is called Issue Framing. The key is framing your facts in the framework of theories that are understood in criminal law.
8. These theories are found in the Perkins text on Criminal law - or maybe in the Gilbert Summary in Criminal Law. Both are available on the net at Amazon.com used cheap.
9. Also, maybe this stuff is on the net. Once again the subjects are:
Entrapment
Factual impossibility
Legal impossibility
These are standard esoterica of criminal law.
The casebooks talk about the case of the guy who reaches in the window and shoots at the guy lying in bed. But it is not really the guy. It is a bunch of pillows. Not a good example. The secret is to find a better one.
Regarding entrapment, if you would have done it, then they can set you up, but how do they know that you would have done it? You were in the adult section; you were not in "my space"
Here's a clue in your case: Even most lawyers won't have time to do your case. Your case is very winnable, but public defenders dont' win; they make deals. This saved them from having to actually do the aforementioned issue framing.