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Entrapment

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Submitted By tcali86
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Travis Calloway
Criminal Law LE 1430
Unit 3 Assignment 1
Mr. Ashour Ebrahim
October 8, 2012

Entrapment

Entrapment occurs when a government agent induces a person to commit a crime he or she otherwise would have been unlikely to commit. In order for entrapment to be used as a defense in trial there are three conditions it must meet: 1) The idea for committing the crime came from the government agents and not from the person accused of the crime. 2) Government agents then persuaded or talked the person into committing the crime. Simply giving someone the opportunity to commit a crime is not the same as persuading them to commit that crime. 3) The person was not ready and willing to commit the crime before interaction with the government agents.
In chapter 5 practicum 5.7 I believe that the defendant was not set up for entrapment. All the officer did was simply pretend to be drunk and had money hanging out of his pocket like any other drunk fool might. He had no interaction with the defendant nor did he try and persuade him in anyway. The defendant left then returned 15 minutes later with the intent on robbing the officer. He did not have to return but he chose to do so therefore he planned on robbing that officer so that shows the criminal intent was there. In practicum 5.8 I think that the drug dealer was set up for entrapment. When the informant tried to get some LSD the drug dealer said no. But even after being rejected the informant keeps calling and calling up to as many as 15 times a day this in a way persuaded the drug dealer to finally give in and selling the drugs. If the informant did not keep trying to interact with the drug dealer then he would have never sold him drugs. In the case of the drunken officer he did nothing nor had any interaction with the criminal. What makes it so that it’s not entrapment was the defendant saw the officer and left then returned 15 minutes later. Nothing the officer did could have made him leave then return. If the criminal would have stolen the money then and there then maybe you could try for a case of entrapment but that wasn’t the case. In the case of the drug dealer although he is a known drug dealer he had no intention of committing a crime buy selling the informant drugs it was only by persuasion that he ended up finally giving in and selling to the informant. In the case of the decoy drunk officer the courts went off of the fact that the officer’s conduct itself provided the opportunity to commit a crime to anyone who succumbed to the lure of the bait. It stated that by having the money clipped to the officers pocket carried a risk that an offense would be committed by persons other than those who are ready to commit the crime. In the LSD case the court simple said regardless if the informant persuaded the act to be committed or not the defendant already had criminal intention to sell drugs.

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