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PROBLEM OF ENTRAPMENT (FROM CRIMINAL JUSTICE AS A SYSTEM - READINGS, 1975 BY ALAN R COFFEY AND VERNON E RENNER - SEE NCJ-29171)

NCJ Number
29183
Author(s)
E SAGARIN; D E MACNAMARA
Date Published
1975
Length
20 pages
Annotation
AFTER PRESENTING A DEFINITION OF ENTRAPMENT, THIS ARTICLE PROVIDES SEVERAL ARGUMENTS AGAINST THE USE OF ENTRAPMENT BY POLICE AND OFFERS GUIDELINES ON HOW TO AVOID ENTRAPMENT.
Abstract
IF, IN ORDER TO MAKE AN ARREST, A LAW ENFORCEMENT OFFICER OR HIS AGENT ENCOURAGES THE COMMISSION OF A CRIME, THE OFFICER HAS ENGAGED IN ENTRAPMENT, WHICH IS A LEGAL DEFENSE USED PARTICULARLY IN CASES INVOLVING NARCOTICS, LIQUOR, AND PORNOGRAPHY. SEVERAL CASE EXAMPLES ARE PROVIDED TO ILLUSTRATE THE VARIOUS FORMS OF ENTRAPMENT. THE AUTHORS ARGUE THAT ENTRAPMENT SHOULD NOT BE PERMITTED, SINCE IT INVOLVES LAW ENFORCEMENT IN THE COMMISSION OR PLANNING OF CRIMES, MAY ENCOURAGE WEAK PERSONS TO COMMIT CRIMES, AND MAY ENCOURAGE POLICE CORRUPTION. THE DEFENSE OF ENTRAPMENT IS REVIEWED FOR CASES INVOLVING ILLEGAL PURCHASES AND SALES, SEX CASES, AND POLITICAL CASES. FINALLY, GUIDELINES FOR POLICE ON HOW TO AVOID USING ENTRAPMENT ARE LISTED. (AUTHOR ABSTRACT MODIFIED)

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