Skip to comments.The Blackmail Paradox
Posted on 03/08/2014 8:42:37 AM PST by InvisibleChurch
Its legal for me to expose your infidelity.
And its legal for me to seek $10,000 from you in a business transaction.
So why is it illegal for me to blackmail you for $10,000?
Most crimes do not need theories to explain why the behavior is criminal, writes Northwestern law professor James Lindgren. The wrongdoing is self-evident. But blackmail is unique among major crimes: no one has yet figured out why it ought to be illegal.
(Excerpt) Read more at futilitycloset.com ...
Interesting, but my first thought would be that assisting in a cover up for financial gain make you a party to the fraud (or whatever the case in question is).
Ah, the Chicago way...
For any number of reasons. In liberal-speak, it's an invasion of privacy...
In reality, it's either theft, an accessory after the fact to a crime, or a bribe to continue on doing illegal acts.
I would throw in indentured servitude as well, such as in the case of pols/bureaucrats acting against their constituencies.
There are many more reasons, of course.
Because the people who make laws tend to have secrets?
“So why is it illegal for me to blackmail you for $10,000? “
Contracts are to be entered into freely and not under coercion. In blackmail, coercion prevents a free contract.
But we really shouldn’t call it “blackmail” - that is stereotype of blacks. Perhaps greymail.
That’s all? Looks like some kind of hoax. A bona fide law professor would give reasons and explanations for what on the face of it seems to be a fairly goofy thing to say.
I find it amazing (maybe I shouldn’t) that such a simple concept is apparently beyond the grasp of a law professor.
I’ve always preferred “Extortion.”
Forcing an individual to give you money by use of a threat is theft, so is blackmail -— unless you are the government.
I had an idea for a movie.
The idea is to have some group that has access to NSA data etc. They use this info to blackmail someone, not for money but to blackmail someone else. The second target is blackmailed by the first, again not for money directly, but for new legislation or regulations that would benefit the small group.
I am thinking the first target is a lobbyist, the second target a powerful Senator that deals with CIA or Defense funding. Funding that is rarely questioned or scrutinized, but is in the billions.
Blackmail it’s how one gets elected or not.
Is it blackmail if the exposure is planned without profit, but a price is offered for silence?
It is not blackmail when a lawyer signs the letter. “Give us a gazillion bucks or we will sue you for two gazillion!”
The “harm” is legal, hence the paradox.
Should exposure of embarrassing truth, devoid of profit thereby, be illegal?
extortion is the perfect term. The blackmailer is never done. Once they can use their information as leverage once, they can use it again and again. They now own the other person.
Lawyers write blackmail contracts all the time. They are called “Non-disclosure agreements”.
And what is the penalty when members of a political party pressure a candidate to “step aside” because of incriminating details they have in a folder/file?
NEVER are the parties prosecuted for blackmail.
Not that I can see.
Northwestern law professor James Lindgren is a dolt.
“blackmail is unique among major crimes: no one has yet figured out why it ought to be illegal.
What a moronic statement!
Just my opinion.
The victim has two choices. 1) Expose his own misdeed or 2) kill the extortionist. It’s a dangerous game.
I dont pay them for sex. I pay them to leave.
To: null and void
In my minds eye I can see the meeting:
Hillary produces proof 0bama was born in Kenya.
Obama shows Hillary proof of a fraction of her felonies.
Whats the worst that could have happened to 0bama?
He declares that he was always told he was born in Hawaii, and had never been informed of the true circumstances of his birth, apologizes, and then he gracefully steps down and goes back to being a senator.
Whats the worst that could still happen to Hillary!?
If 1/10th of the rumors are true, Shed be facing being stripped of all her congressional perks, serious jail time and perhaps even the death penalty.
In this show-down, guess who blinks...
10 posted on Mon Feb 8 09:00:00 2010 by null and void (We are now in day 382 of our national holiday from reality. - 0bama really isn't one of US.)
“Its legal for me to expose your infidelity.”
It’s even legal to make money from the story by selling it to a third party media outlet in exchange for the exclusive information. In that sort of case, it does seem kind of odd I guess.
It’s beyond your grasp too, because you haven’t explained why blackmail is illegal (or should be illegal).
The Blackmailer’s Paradox isn’t something this particular professor thought up. People - including but not limited to law professors - have been arguing about this for at least half a century.
Who cares. If you are morally corrupt to be blackmailed, perhaps you SHOULD be blackmailed. In a free society, I can make money however I like. If I have you committing adultery, it is my RIGHT to ask for monetary compensation from you. If you choose to decline (you right as well), then I have the RIGHT to go sell the rights to somebody willing to pay.
If you have skeleton in your closet, perhaps you should save up some dough to pay off people who see business opportunity there.
Depends upon what is being "covered up."
If it is some repellent and immoral but legal behavior (such as an extramarital affair), it is not fraud to "cover it up," and thus it should not be illegal to demand payment for not revealing it.
Why should it be illegal to, e.g., tell the deceived spouse, "I happended to see your better half the other day, 'canoodling' with another person," or to offer to refrain from mentioning it - in exchange for payment?
Forcing an individual to give you money by use of a threat is theft, so is blackmail [...]
Depends upon your definitions of "harm" and "forcing."
If the activity in which the "victim" of the extortion is engaging is not illegal, then neither should offering to not reveal that activity should not be illegal, either.
For example: It is not illegal to take one's secretary to a remote cabin for a weekend of fun and games, even though one has lied to one's spouse that one will be attending a boring industry fair instead.
It should therefore not be illegal to offer (for a price) to refrain from revealing any such information that one has come by about such perfectly legal adultery.
Would it be illegal to notify the deceived spouse about her husband's infidelity? No. Then it should not be illegal to refrain from notifying her (even if only for a price).
Because once a legitimate business transaction is done, it’s done. With blackmail, a person can demand multiple payments for the same non-disclosure. There’s no way to be sure a blackmailer will be “done” with their blackmail.
Even if it involves photos or videos, copies can be made for future blackmailing.
Why is this even considered a paradox?
Funny, I had a similar idea about a movie involving multiple kidnappings to get a large sum of money to the original kidnapper using the same basic premise.
No. That's called negotiation.
Bill Clinton was complicate in seeing that Monica Lewinsky was paid off (with a 6-figure salary at a friend's corporation) to lie under oath. None of them did any jail time.
Al Sharpton made big bank in the mid-80s pulling that racket on the music biz. He sued the company doing Michael Jackson's world tour because there weren't enough black people. He got his hush money and dropped the suit (without changing the status quo).
Because contracts are a “meeting of the minds”.
And the basis of civilized society is that contracts happen only when they are entered “knowingly, willingly, and voluntarily”
Really? Try coercion. You are forcing someone to do something they are not inclined to do under threat.
"Nice business, be a shame if something happen to it".
"Nice family, be a shame if they found out about your mistress."
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