NCJ Number
141835
Journal
FBI Law Enforcement Bulletin Volume: 62 Issue: 4 Dated: (April 1993) Pages: 27-32
Date Published
1993
Length
6 pages
Annotation
While the Supreme Court has recognized law enforcement's right to use certain deceptive measures when investigating criminal behavior, in Jacobson v. United States, the Court overturned a Federal child pornography conviction on grounds of police entrapment.
Abstract
The Court's rationale in that ruling followed two basic questions posed by an entrapment defense: did the government induce the defendant to commit the crime and was the defendant nevertheless predisposed to commit the crime prior to being approached by government agents. The Jacobson ruling has raised four additional questions that law enforcement officers should consider before initiating undercover operations: does the government need reasonable suspicion before targeting an individual in an undercover operation, what constitutes inducement, what constitutes evidence of predisposition, and what is the viability of the "outrageous government conduct" defense. This author warns officers to be prepared to articulate a legitimate law enforcement justification for beginning an undercover operation, to avoid using persistent or coercive techniques, and to document the factors demonstrating the defendant's predisposition to commit the crime. 28 notes