How does the law "Entrapment" work?

[Nerd]

Please explain=

You ask a officer if they are any type of official law enforcement, and they say no, and you get arrested, you can say that they denied it and then thats entrapment basically?

 

[brxndxn]

If you are convicted of something (ie. murdering Bob down the street) and you serve your sentence for it. After you are released, you can't be convicted of murdering Bob again.

 

[Nerd]

Isn't that double jeopardy? HEHEHE

Cool now I know, i thought it was my version though, thanks!

 

[Hamburgerpimp]

You just see the movie Blow??

 

[Nerd]

No

 

[OS]

<< If you are convicted of something (ie. murdering Bob down the street) and you serve your sentence for it. After you are released, you can't be convicted of murdering Bob again. >>





Actually, that's double jeopardy not entrapment


Amendment V (Of the US Constitution)


&quot;nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb&quot;

 

[Yo Ma Ma]

Isn't entrapment where the criminal was actually enticed into doing a crime they otherwise (supposedly) would not have, had the sting operation not been in place, or something like that?

 

[Balt]

An example of an entrapment would be a police officer (undercover or otherwise) making you an offer to do something illegal.

Like if he walked up to you and said &quot;I will pay you $500 if you can score me some drugs.&quot; If you did it and were arrested, I believe that's entrapment.

On the other hand, if you tried to sell him some without his asking, then he can arrest with no problems.

 

[Sluggo]

Uh-oh, someone got caught with a hooker

I think entrapment, is where an officer places a person in a situation the person would not normally be in, the end result of this situation is the commiting of a crime. In other words, the crime probably would not have happened, had the officer not placed the person in a particular set of circumstances.

For instance, there is an Police Hooker in a hotel bar. Joe businessman comes in for a drink. Police Hooker approaches the man and chats him up, and gets him feeling all randy. Police Hooker waits for the man to mention sex, then agrees, but Joe Businessman will have to pay her for her time. he agrees to this stipulation. Joe Businessman gets busted for solicitation.

Joe Businessman's lawyer is going to claim that the crime would never had been committed had Police Hooker not &quot;entrapped&quot; Joe Businessman. Joe Businessman would never had solicited a hooker, had he not been placed in the situation to do so.

Of course I could be completely wrong

 

[Nerd]

What if you were doing something illegal and you ask the person &quot;Are you a police officer or any type of official that can get me into trouble?&quot;

Do they have to respond to you saying &quot;Yes, I am a officer of the law.&quot; Or can they just tell you no?

Thats what I'm asking. Is that entrapment.

 

[Hamburgerpimp]

Then tell me how drug dealers get caught???

 

[Sluggo]

I dont think any police officer has to announce himself as such if asked.

 

[Hamburgerpimp]

I mean in certain instances when they're set up. And yes an Cfficer has to announce himself even when he's not asked. Unless he's undercover.

Sh1t, I don't know how it works.

 

<< Then tell me how drug dealers get caught??? >>


Warrants for their arrest, build on a case that can prove they distribute drugs.

 

[Hamburgerpimp]

O yeah, O yeah, like in Miami Vice.

 

[Amused]

OK, it seems like there's a bunch of jail house lawyers here

Here's the legal defintion, and exclusions:

Legal Definition of Entrapment

ENTRAPMENT - 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; and the law as a matter of policy forbids conviction in such a case.

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. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.

On the other hand, if the evidence leaves a reasonable doubt whether the person had any intent to commit the crime except for inducement or persuasion on the part of some Government officer or agent, then the person is not guilty.

In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:

- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.

- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.

- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.

On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents.

 

[DukeN]

thank ye for the definition amused one, and for clearing it up

Cheers
PB