NCJ Number
94482
Date Published
1984
Length
22 pages
Annotation
Although the intent of S.804 to protect innocent citizens from the harmful effects of an overreaching undercover operation is supported by the Justice Department, the bill, in the Justice Department's view, is overly stringent and consequently jeopardizes legitimate and vital undercover operations.
Abstract
The Justice Department opposes the bill's alteration of the entrapment defense as it has been developed by the courts. The proposed change would harm legitimate and necessary law enforcement operations and wrongly shift the focus of the trial from an inquiry into the facts of the crime to a general inquiry into police investigative techniques and how they might affect a hypothetical citizen. The Justice Department is also opposed to section 3803, which would regulate by statute the initiation of undercover operations and the offering of an inducement to commit a crime, as well as section 3804, which would create a new tort liability of the United States for conduct connected with an undercover operation. The Justice Department supports the substance of section 3802, which deals with certain fiscal aspects of undercover operations, provided suggested minor changes are made. Finally, the Justice Department objects to many of the provisions of sections 3801 and 3805, requiring Justice Department guidelines for the conduct of undercover operations and reports to the Congress.