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03-27-2006, 04:42 AM #11Member
Would this be entrapment?
Contract theory does not exist in situations involving criminal activity.
Let's think about this for a second.
If you make someone sign a contract stating that they are not a member of the law enforcement community so that you can sell them illegal substances, do you really think that would hold up in court?
You still sold an illegal substance, and there was still a witness that is more credible than you are.
Even if CT held up in this instance, the best you would get would be suing the cop for falsifying information on a legal document.
This wouldn't happen though, because legal documents cannot concern illegal actions.
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04-06-2006, 07:32 PM #12Senior Member
Would this be entrapment?
If you were in debt way over your head and the cops new it and THEN offered ya some illegal deal that would happen be the thing to save your day....that's entrapment....as I understand it.
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04-10-2006, 05:34 PM #13Senior Member
Would this be entrapment?
I just found this....hope it helps!
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.
- 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.
- 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.
http://www.lectlaw.com/def/e024.htm
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