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Discussion » Questions » Legal » Is ENTRAPMENT legal? Is setting people up to take a fall something that would hold up in a court of law? How?
RosieG

Is ENTRAPMENT legal? Is setting people up to take a fall something that would hold up in a court of law? How?

Posted - May 15, 2017
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Responses


  • 44604
    Yeah...I think it is funny. Undercover drug cops do it all the time.
      May 15, 2017 7:04 AM MDT
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  • 113301
    I hope you mean "funny weird" and not "funny haha" Ele. I think it stinks! Thank you for your reply! :)
      May 15, 2017 12:08 PM MDT
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  • 23576
    I don't know all the specifics of the whole concept, but, in general, entrapment seems unfair to me. It seems all based upon deception --  and the "deceptors" walk away with no consequence. As in, "OK -- we think you're being wrong and deceptive and, in turn, we're going to be deceptive in trying to catch you being deceptive. And we're in the right doing so."
    Hey, two wrongs DO make a right!
    :)

    (I know I'm over-simplifying it all tremendously, ha!)
      May 15, 2017 11:37 AM MDT
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  • 113301
    It does to me too. I think the Entrapper is guiltier than the Entrapee but they usually walk away and get accolades and medals and awards! For being liars. Duplicitous. Scumbags. I don't get it. Thank you for  your reply WQ and Happy Monday to you! :)
      May 15, 2017 12:10 PM MDT
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  • 23576
    I admit I don't quite get it, either.

    You're welcome. Rosie!
    :)
    Happy Day to you, too!
      May 15, 2017 12:17 PM MDT
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  • 113301
    Thank you WQ. At least I'm not alone in that view! You share it too! It's comforting! :)
      May 15, 2017 12:20 PM MDT
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  • 7280
    Notice the inducement issue in my answer below.
      May 15, 2017 3:27 PM MDT
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  • 23576
    Thanks, tom jackson. I read your answer. I'll add some stuff there probably.
    :) This post was edited by WelbyQuentin at May 15, 2017 3:53 PM MDT
      May 15, 2017 3:41 PM MDT
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  • 22891
    dont sound like it would be
      May 15, 2017 2:39 PM MDT
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  • 7280
    Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.

    Inducement is the threshold issue in the entrapment defense.


    https://www.justice.gov/usam/criminal-resource-manual-645-entrapment-elements

     

      May 15, 2017 3:28 PM MDT
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  • 23576
    Thanks, tom jackson!
    I'm not so good with legal language and process, most likely. What you've posted here I see as the word "entrapment" being used as a defense by a person who feels he/she has been entrapped in to wrongdoing.
    So I assume the word "entrapment" is not the word used by government agents for their scenario when they go undercover or whatever, as in, a government agent would not say "We're going to go entrap someone and catch them in a wrongdoing."

    Anyway, I appreciate your help in my answer. If I've failed to interpret it correctly, feel free to continue helping if you wish, ha!
    :)


    (And the government agents are not permitted to "make/encourage" someone to do wrong; that inducement element to which you referred.) This post was edited by WelbyQuentin at May 15, 2017 3:52 PM MDT
      May 15, 2017 3:50 PM MDT
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