After a 61-year old Chicago cop named William Whitley paid a 14-year old girl for sex in 2015, the girl came forward to federal investigators with details about their encounters, including the specific types of condoms the now ex-cop used. While this may seem like an unimportant detail, this piece of evidence was what allowed Whitley to be charged in a federal court instead of a local one because condoms Whitley used to commit the crime came from outside Illinois, where the crime occurred, meaning his “conduct affected interstate commerce,” according to an FBI criminal complaint. Whitley pleaded guilty to one count of sex trafficking a minor on Tuesday.
Opinion:
After learning about cases in class where the government increases its power through the commerce clause, I believe that its a bad thing that Whitley was able to be charged at the federal level. If more stuff like this happens, it's not crazy to think that the federal government will be able to prosecute almost every crime in the country. You have a crime involving a car? The car was made in a different state, so now the crime is Federal rather than local. You used a weapon manufactured in another state to in self-defense? Have fun defending against the federal government in court.
No doubt Whitley is scum. He claimed that he didn't know the girl was 14 and he said that the girl repeatedly told him she was 23, despite the braces on her teeth saying otherwise. Additionally, when they banged, Whitley "left his Chicago Police Department uniform hanging from his bedroom door" and "he even bragged about being a cop." Whitley also had a loaded firearm stashed under his pillow in bed, court records said. However, I personally think that the case itself shows that the federal government can take nearly any case depending on how bad they want it. The fact that condoms were used as the basis for Whitley being charged federally proves that the government can use selective enforcement. In that case, Whitley was better off raw dogging it because he'd probably get in less trouble. Even though this guy is a terrible person, I think this leap to make the crime a federal offense is stupid. If condoms can be used to determine that something is a federal crime, than almost all crimes are federal crimes.
How do you feel about this government extension of power through the commerce clause?
http://www.kansascity.com/news/state/illinois/article211467074.html
2 comments:
Although it is possible to view this act as an infringement upon jurisdiction at the federal and state level, it is also possible that the police wanted harsher punishments upon this officer. Often times, federal courts will impose harsher punishments upon people committing similar crimes. This is not due to bias, but difference in procedure such as state courts having community service or supervision. Thus being tried in a federal court would more likely lead to a less lenient sentencing, which most would favor this stringent outcome. It is interesting if this would set a precedent as I can also imagine abuse of the commerce clause leading to friction between the federal level and the state.
I agree that it's ridiculous for this crime to be judged at the federal level because of the condom brand. I believe that the state court should've dealt with this issue. I don't foresee a different result to it being dealt with at the state level as compared to the federal level, since child trafficking is illegal and has heavy consequences no matter who deals with it. If anything, if the police wanted it to be dealt with at the federal level for harsher punishments.. they could've used a different reason, just not the condom brand... It sets a bad example and can lead to this being abused.
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