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Entrapment
Hi there.
The original post didn't make it clear whether "busted" means university punishment or law enforcement punishment. Either way, it's not entrapment.
In my state, and I believe in California as well, provision of cigarettes or alcohol to underage people is, like statutory rape, a strict liability crime. In other words, it doesn't matter whether you intended to break the law; it doesn't matter whether you honestly believed you were following it. Further, it doesn't matter whether the government tempted you into breaking it. If you are dispensing alcohol or tobacco, it is your responsibility to make sure it doesn't fall into the wrong hands. Period.
Do I agree with this law when it comes to noncommercial providers of alcohol? No, I don't. I think it's stupid. Nevertheless, even if you are off-campus, as long as you are a recognized university organization, I think it's reasonable for the university to make sure that you are obeying state laws, even stupid ones. If some foolish freshman comes to your party and drinks himself to death, his parents are going to sue the university for failing to protect him, not just your fraternity for serving him. The Greek advisor is trying to cover everyone's @$$.
Seems to me the problem here is that you don't agree with state law. It's an election year. Start campaigning for better liquor laws. Maybe you and your brothers can road trip to Sacramento to lobby your legislators or volunteer on campus to register young voters.
Ivy (J.D. '02)
P.S. I don't think this is intended as a deterrent to the PNM's; it's a deterrent to the fraternities. Card at the door and issue wristbands, and station a brother at every keg. It's the only way.
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