What is 'Entrapment' in the legal sense of the word?

Question

As in leaving a bait car out on the street ready for criminals to nick, women PC's dressing up as prostitutes enticing kerb crawlers etc etc etc Ie these are traps set to catch criminals but if the trap wasnt set the crime would not have occured? Is this an interesting point of law ?

So entrapment is technically illegal. therefore how can it be used as i descrbed above to bring a conviction? (unless the criminals are just ticked off rather than prosicuted?).

APPLE and FINESSE....and?......you havent answered the question? If its illegal therefore.......?

So for it not to be entrapment the criminal would have to prove they have not done it before?

Answer 1

The entrapment that you are talking about (Cars left unlocked etc etc) is illegal and the police don't do it. You mite see it on TV programmes like Watchdog, but someone can't be prosecuted because of this.

I think however, for a more serious crime it can be used eg. posing as a buyer in a drug deal. But it is government agencies like MI5 who can do this, not the police.

Answer 2

That is an age old argument. I'm not a lawyer or legal scholar, but the reasoning behind it is, no one is actually "enticing" a criminal to steal a bait car, just because it is parked in an area where other cars are parked. If a police officer would say to someone, "Hey look, the keys are in the ignition", something like that would be entrapment. The same with the hooker thing. The UC cops have to be propositioned in order for an arrest, if they were to ask the guys if they want something, then that is entrapment.

Answer 3

It is a rather complex situation which may arise where police (often working under-cover) may produce a set of conditions - where in the case of the 'entrapment' an accused person may argue that had these conditions Not been present he/she as an ordinary innocent by-stander could and would not have become involved in a situation (as set up - by police) and therefore 'because of that CONTRIVED SITUATION the accused must be regarded as innocent. The police of course were acting as the 'agent of the state.
However, undrcover officers following a pattern of conversation in say 'drug buys' from dealers manage to overcome the problems which otherwise might arise.
The situation may differ between say 'for example' The UK - Ireland - and the USA.
GOT IT.

Answer 4

The police can dress up as prostitutes because kerb-crawling is the illegal bit, not paying for sex. Therefore, if a guy voluntarily approaches a police officer and offers money in return for sex, it is not entrapment.

On the other hand, if a police officer was actively going up to men in the street and offering them sex for money, this would be entrapment.

Answer 5

This entry contains information applicable to United States law only.
Entrapment

The act of government agents or officials that induces a person to commit a crime he or she is not previously disposed to commit.

Entrapment is a defense to criminal charges when it is established that the agent or official originated the idea of the crime and induced the accused to engage in it. If the crime was promoted by a private person who has no connection to the government, it is not entrapment. A person induced by a friend to sell drugs has no legal excuse when police are informed that the person has agreed to make the sale.

The rationale underlying the defense is to deter law enforcement officers from engaging in reprehensible conduct by inducing persons not disposed to commit crimes to engage in criminal activity. In their efforts to obtain evidence and combat crime, however, officers are permitted to use some deception. For example, an officer may pretend to be a drug addict in order to apprehend a person suspected of selling drugs. On the other hand, an officer cannot use chicanery or fraud to lure a person to commit a crime the person is not previously willing to commit. Generally, the defense is not available if the officer merely created an opportunity for the commission of the crime by a person already planning or willing to commit it.

The defense of entrapment frequently arises when crimes are committed against willing victims. It is likely to be asserted to counter such charges as illegal sales of liquor or narcotics, bribery, sex offenses, and gambling. Persons who commit these types of crimes are most easily apprehended when officers disguise themselves as willing victims.

Most states require a defendant who raises the defense of entrapment to prove he or she did not have a previous intent to commit the crime. Courts determine whether a defendant had a predisposition to commit a crime by examining the person's behavior prior to the commission of the crime and by inquiring into the person's past criminal record if one exists. Usually, a predisposition is found if a defendant was previously involved in criminal conduct similar to the crime with which he or she is charged.

When an officer supplies an accused with a tool or a means necessary to commit the crime, the defense is not automatically established. Although this factor may be considered as evidence of entrapment, it is not conclusive. The more important determination is whether the official planted the criminal idea in the mind of the accused or whether the idea was already there.

Entrapment is not a constitutionally required defense, and, consequently, not all states are bound to provide it as a defense in their criminal codes. Some states have excluded it as a defense, reasoning that anyone who can be talked into a criminal act cannot be free from guilt.

Answer 6

Are you in the UK or the States?
Can't answer for the states, but I can for the UK.
Entrapment or acting as an 'agent provocateur' is illegal, which is why any 'sting' operation mounted by the Police is very carefully thought out. For example, an undercover cop will never ask for some heroin - instead they will ask an oblique question like, "Doing business?" and wait for the dealer to offer them smack or whatever.
Actually inciting someone to commit a crime in the UK is illegal and would never stand up in Court.

Answer 7

Entrapment is enticing somebody to do something they wouldn't normally do. It is NOT merely giving somebody the opportunity to do something, like stealing the bait car, selling drugs to an undercover cop, or propositioning a prostitute.

Answer 8

webster definition:to catch in a trap,to snare.police can Lie,but if you lie to them you will be charged with false informing,why the double standard?in my opinion entrapping people is easier than
having to do things the old fashioned way through observation
and investigation,plus using entrapment provides tv shows live
footage to show what kind of a police state exist,bad boy bad boy,what you gonna do when they come for you?

Answer 9

Entrapment is enticing someone to do something they normally wouldn't do. I bait car is placed there for someone who steal cars or steal property from cars. People who wouldn't normally steal leave the car alone. Same goes for prostitution stings....people who wouldn't normally solicit a prostitute don't and the people who do normally would.

Answer 10

Peoviding the opportunity for someone to commit a crime, and then arresting them. The gray area is law enforcement providing opportunities for the criminals , which in a way is to encourage them.