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I'm asking this for research purposes for my novel. Is it legal and can a FBI agent use it to get a confession and such?

2007-01-05 06:04:14 · 1 answers · asked by Kristen H 6 in Politics & Government Law & Ethics

1 answers

There is a great deal of misunderstanding out there on what entrapment is and is not. Using deception during interrogation is NOT entrapment, although it may be morally repugnant to some. Entrapment requires that the law enforcement official take some action that results in the other person doing something or saying something that, ABSENT THE ACTION OF THE LAW ENFORCEMENT OFFICER, they would not have done or said. That is why, in sting operations for prostitution, for example, the undercover officer does NOT approach the prospective john, does not offer services until the john initiates the conversation, etc.
So, if an FBI agent engages in actual entrapment, a confession would likely be inadmissible. However, if the agent only uses deception and other accepted interrogation practices, the confession would likely stand.

2007-01-05 06:12:24 · answer #1 · answered by jurydoc 7 · 2 0

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