Defenition of "Entrapment"

[emptywallet]

Recently, a buddy of mine and I got into an argument about what entrapment really is. It really stemmed over one thing. He insists that if the bad guy asks the cop if he is a cop, and the policeman says no, then its entrapment. I.E. cops goes undercover to make a drug deal to bust some bigshot. Bad guy asks cop if he is a cop, and policeman preceeds to tell him no. After deal is made, police man arrests bad guy. Is that Entrapment?

 

[Norman Bates]

No, police officers don´t have to tell you that they are.
I think entrapment is if he forces you with a drawn gun to buy drugs from him.

 

[thx9000]

Cops and prosecuters are allowed to lie to you...

I think entrapment is more like some guy you met and became "friends" with convinces/coerces you to commit a crime then arrests you for that crime. It has to be something that you would not have normally done, but not necessarily something arising from duress.

 

[Golfer18--old]

I thought entrapment is when they force you to admit something with pressure.

 

[litig8r]

Ok, entrapment varies slightly from jurisdiction to jurisdiction (some use an "objective" test, others use a "subjective" test). Basically (very basically) entrapment occurs when a law enforcement officer induces an individual to commit a crime that, but for the inducement a reasonable person in the individuals situation would not have committed. Simply giving someone the opportunity to commit a crime is ok.

Example:
If I come to a drug dealer, make friends with him and then ask to buy dope and he sells, that is not entrapment.

If I get a guy who is in deep financial trouble, has a kid who needs medical attention he can not afford, and I talk him into being a mule for some dope and then bust him, entrapment may work as a defense.

Entrapment defenses rarely work.

As for asking someone if they are a cop and they have to tell you.......... don't bet on it. I can't count the number of times some moron ask if I was a cop in a deal and I smiled and said "no fucking way" They were all successfully prosecuted.

hasta

litig8r

 

[Warik]

entrapment - "the action of luring an individual into committing a crime in order to prosecute the person for it"

Amazing how the only way someone can enforce the law is to break it himself, isn't it?

-Warik

 

[mekannik]

The other side to an entrapment defense is convincing the judge/jury that you were entrapped - that you would have not been inclined to commit the act had it not been for outside forces.

So far as the undercover cops not admitting they're cops or supplying you with guns/drugs and allowing the act to go through and then busting you - Juries are alot more lenient, for the most part, in allowing the law to entice someone.

Not fair - but if you are that easily swayed...

 

[manny78]

Basically its pushing a good guy who had nothing to do with crime/drug dealing into the dark side. That's it.