2006-11-27 07:47:58 · 3 answers · asked by melanie b 1 in Politics & Government ➔ Law & Ethics
It requires the defendant to show that, but for the actions of the authorities, he would not have broken the law.
For example, say he is charged with receiving stolen goods. The police set up a sting operation at a parking garage, and when he came to get his own car, they gave him one that appeared to be the one he had left with them earlier, but was in fact a stolen car. That would be a definite case of entrapment, because it's a logical conclusion that if they had brought a different color, make, or model, he'd have known and refused delivery.
Just because the police hired the fifteen year old to try to get into a bar with her own ID showing she was fifteen doesn't mean he was entrapped when he lets her in. It's a logical inference that any other fifteen year old would have been admitted, and the fact that this particular one was already willing to be a witness doesn't alter the defendant's behavior.
They have to show that the police conduct was actually responsible for the crime.
2006-11-27 07:57:39 · answer #1 · answered by open4one 7 · 1⤊ 0⤋
This might not cover all the "legal-ese," but here goes:
For an entrapment defense to succeed, the defendant must prove beyond doubt that he/she would not--under any circumstances--have committed the act for which he/she is charged, without the direct influence of the law enforcement bodies (police, FBI, prosecutors, etc.) that brought the charges.
Example, if the defendant was arrested for buying drugs from an undercover cop, the defense would have to prove that the defendant had absolutely no thought or intent to purchase drugs prior to meeting the undercover cop.
The myths about an undercover cop must identify him/herself if you ask them is just that....a myth.
2006-11-27 18:52:23 · answer #2 · answered by a_man_could_stand 6 · 0⤊ 0⤋
its means they have to come to court and convince the judge that u are guilty, they have to have witness, pictures, police reports anything like that , that will prove your guilt, if its a cop it will be hard because judges tend to beleive them hope it all works out good luck
2006-11-27 15:53:06 · answer #3 · answered by kemmer1029 2 · 0⤊ 0⤋