Originally posted by psychoblast:
[QB]Undercover cops are not immune from prosecution for doing drugs because they lack the "criminal intent" or "specific intent." That's idiotic.
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Please don't call my responses idiotic, I treat you with respect and demand the same, if you disagree and want to debate that's one thing, but name calling is another. All crimes (except for things like parking tickets) require two elements, the Acteus Reus(latain for bad act) and Mens Rea(latin for state of mind) in using drugs the Act is the use and the Mens Rea or mental element of the crime is what we're talking about here, and the mental element or "criminal intent" is not satisfied when an officer uses drugs to protect his cover, he is acting to protect his safety or for the greater public good(getting the bust. You can disagree with the wisdom or logic of this, but it is the law.
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"If there is a law against taking an illegal drug, then the intent requirement is satisfied if you intend to take the illegal drug (i.e., if you intended to take aspirin and someone switched it with e, you have NOT broken this law). A cop who takes an illegal drug to help his cover is still intending to take the drug."
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You're partially correct, in the case of switched drugs the taker lacks criminal intent, but the so does the cop for the reasons stated above.
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"The issue is not intent. The issue is that taking an illegal drug is not a crime. The laws prohibit the sale, transfer, manufacture and possession of illegal drugs. Taking drugs and even buying drugs are not illegal."
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Ok this is bad bad bad and wrong, purchasing drugs is a crime as is taking them.
[ 28 December 2001: Message edited by: DrGonzoESQ ]