Barred from Fort Mchenry.

Started Feb 12, 2009 | Discussions thread
mamallama
mamallama Forum Pro • Posts: 52,838
Re: Entrapment

Chipsthe1 wrote:

Entrapment, at least legal entrapment, is a squirmy beast and rather
difficult to grip firmly. But here is a short but rather clear
statement on the subject:

"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.

In this case the OP had NO intent of selling the pictures and it didn't occur to him to do so until the ranger brought up the subject. Clear case of entrapment. "intent" is the key word.

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.

This is the case of the decoy "John" in the solicitation of prostitution. Clearly, the prostitute intent was soliciting. Clear case on no entrapment.

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."

Seems to me there would be a reasonable doubt on this one.

According to the OP, he had no intent of selling the pictures. Probably didn't even cross his mind until the ranger brought it up. Case closed.

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mamallama

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