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2007-01-31 14:29:16 · 8 answers · asked by colin050659 6 in Politics & Government Law & Ethics

8 answers

Entrapment Law and Legal Definition

In criminal law, a person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit. A defendant who is subject to entrapment may not be convicted as a matter of public policy.

However, there is no entrapment where a person is ready and willing to break the law and the government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. In order to be found to be a victim of entrapment, the entrapped person must have been willing and willing to commit the crime prior to the alleged entrapment. The mere providing of an opportunity to commit a crime is not entrapment. In order to find entrapment, there must be persuasion to commit a crime by the entrapping party.

Entrapment is an affirmative defense in which the defendant has the burden of proof. It excuses a criminal defendant from liability for crimes proved to have been induced by certain governmental persuasion or deceit. To claim inducement, a defendant must demonstrate that the government conduct created a situation in which an otherwise law-abiding citizen would commit an offense. The defendant must show that he or she was unduly persuaded, threatened, coerced, harassed or offered pleas based on sympathy or friendship by police.

2007-01-31 14:39:39 · answer #1 · answered by Anonymous · 2 0

Entrapment has to have more than just setting up someone for an arrest. The police have to create the desire to commit the crime in someone who would otherwise not have done it. Just giving a criminal the opportunity to commit a crime is not entrapment.

2007-01-31 14:42:02 · answer #2 · answered by thylawyer 7 · 0 0

1 type of entrapment
is leaving the back door
open on a van/truck
and brand new boxed
goods provocatively
situated near the open doors
to entice anybody walking past
to help themselves to a box or two
when/if they do
police covertly set up and watching
the van from nearby
swoop and arrest the person for theft
but it can be argued that a easy situation to steal is
made and engineered
to entice otherwise law abiding
folk into making a rash on the spot
decision out of temptation
to break the law
it is not a pre-meditated
crime
and courts would hand
out leniant punishments
depending on the persons
criminal history
u wonder why proper crime
is left unchecked sometimes
some police are too busy
making pre-planned
crime situations of their own

2007-01-31 15:47:45 · answer #3 · answered by Anonymous · 0 1

From what I understand, it's either keeping vital information from someone until it's too late to back out or a case in which the cops persuade someone into doing something that's illegal.

2007-01-31 14:41:12 · answer #4 · answered by harpylady85 4 · 0 0

Well, you just used the phrase in your helpful response to my question about undercover reporters. As I understand it, it's where someone encourages you to commit an act in order to then punish you for that.

For instance, an undercover policeman offering cash if you committ an illegal act, and then arresting you for it.

2007-01-31 14:34:47 · answer #5 · answered by hammodt 2 · 2 0

It's when you set a bear trap and the bear comes along and steps in it.

2007-01-31 14:36:59 · answer #6 · answered by JD 4 · 0 0

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2007-01-31 14:43:28 · answer #7 · answered by dfb h 1 · 0 0

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2007-01-31 14:37:59 · answer #8 · answered by Darren M 2 · 0 0

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