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Entrapment and the impact on Due Process

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Entrapment is defined as inducing an individual to commit a crime he or she did not contemplate for the sole purpose of instituting a criminal prosecution against the offender. Induce is the key word. When police encourage the weaknesses of innocent persons and beguile them into committing crimes they normally would not attempt, it can be deemed entrapment. This is improper conduct and any evidence that is developed as a result of entrapment is barred under the exclusionary rule. According to this definition, are sting operations and buy-bust operations examples of entrapment? How do we balance the crime control model (which advocates expanding police powers to make it easier to investigate, arrest, prosecute and convict people who commit crime) versus the due process model (which believes that the most important function of the criminal justice system is to ensure fundamental fairness through expanded due process protections afforded to all persons)?

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Solution Summary

This solution gives students an personal rendition of how I believe officers should conduct entrapment stings that are used to esnare suspects. I advocate ensuring that all ethical guidelines and laws are followed to ensure that the defendant initiates the behavior instead of being coerced by the officer into committing an offense that he or she otherwise would not have done if not entrapped.

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The pursuit of justice should always be the only ideal and goal that law enforcement agencies pursue. When using the entrapment paradigm, the officers should not ...

Solution provided by:
Raushaun Rigsby, MSc
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
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