Friday, May 30, 2008

Amateur Lawyer Our

So I can't spell either, but when has that ever stopped anyone?

My understanding of contract law is pretty limited, but I do know that a contract for illegal or unlawful conduct is not binding. So when I keep hearing of latest drug deal in town gone bad, I think I could get the defendant off.

It's an older story, but it's back in the news and I can't find a link, anywhere.
The gist of it is this: a drug buyer approached his dealer in a truck and paid $50 for drugs and the seller failed to providing the illegal product. The buyer, desperate for his drugs, attacked the vehicle and ended up getting dragged, run over, and died.

So what happened? There may have been a verbal contract to conduct an illegal transaction. Clearly not a legally binding contract. Upon receiving the $50, the driver of the truck had no legal obligation to provide an illegal item which the buyer then tried to take by force.

What do you call a person who tries to take something by force? What if deadly force is used to defend yourself from such an attempt and the thief dies? Give the person who was almost robbed a medal. Even if they may be a drug dealer, give them a medal.

Would society benefit or suffer if people gave serious thought to taking part in a drug deal?

Just for the record, I've never been partial to drug users or dealers. I've had friends who've dabbled in both and it's been exclusive to our relationship. I've long been a Libertarian at heart, at least when the issue has been in theory. Now days, though, it's easy to blame the birthmother's daily use of coke and occasional use of alcohol for my son's developmental issues and when I see a drug deal gone bad, I think about it a bit then chuckle.

Back to the topic, I see the driver and his girlfriend getting convicted, not because of any legal action. Our local prosecutor can't even convict a serial killing necropheliac who was caught due to his bragging. Like the dancer (can't find a link either) who was convicted, not because of the case, but because of her immorality (she was engaged to two guys and living with a third when one guy shot the other), I see these two getting convicted, not because of the case, but because of immorality external to the case.

What concerns me is, not, that two drug dealers will go to jail, but that our system is failing to do it's job and in an attempt to (over)compensate, is railroading people.