ENTRAPMENT AND THE IMPACT ON DUE PROCESS

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September 19, 2020
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September 19, 2020

ENTRAPMENT AND THE IMPACT ON DUE PROCESS

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)?