Quote:
Originally Posted by 97TurboDSM
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Your whole explantation there was the definition but here is what all that menas
And you majorley missed the part in the deffinition that is in bold
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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. (Speeding and tailgating a slected individual is the the officers idea to provoke a street race)
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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. (Speeding and tailgating etc is an officer pursuading someone to street race in this case)
- 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.
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Your deffinition here is explaning the law's deffinition of entrapment not the subsection of the law. Entrapment goes along very well with profiling. Your deffinition is that an officer can use entrapment when there is sufficiant enough evidence that the perp is going to without any dought commit the crime. Lets say the crim is a major drug deal or they hear someone wants to make a deal. That in itself is supporting enough evidence to use this tactic to grab a perk. So they dress up in there street gear go to the meeting spot ready to make the deal get it on camra and nab the perk . Deal goes through they get it in camera and wittneses and than the slap on the cuffs and haul the perk off to jail. In no way during this are the officers instagating or provoking the deal the deal. Also if the perk does not have the drugs on them they have to get them to amdit what they have. No slang or street talk they have to get them to openley admit they have coke or whatever it is there selling before they can nab them.
Now if your on the street driving
Say your on the street driving doing thr speed limit in a modded car and you get this WRX speeding up behind you tailgating you honking its horn flashing its lights speeding up slowing down. The cop is the one breaking the law by trying to instagate/provoke a street race and is also the one putting another driver in danger. So you (person in thew other car) speed off like an idiot cop throws up the lights and pulls you over.. The officer was the one doing the instagating/provoking and also had no prior evidence that you were going to street race him and the officer was the 1st one in this story to break the law and put himself and other drivers in danger. This is entrapment.
Same secenareo but diffrent case. Your driving along in a modded car A WRX pulls up next to you going the speed limmit not doing anything wrong and you decide to get into a race with him you fly off he lights you up and pulls you over. . The officer did not instagate/provoke you to race he simpley pulled up next to you in an undercover car that looks like its made to race. and you try to race him. This is not entrapment
As tomustang said
Opportunity = not entrapment
Provoking = entrapment