A LIMITED DEFENSE OF WHAT SOME WILL REGARD AS ENTRAPMENT. (20th December 2017)

• Record Type: Journal Article
• Authors: Lippke, Richard L.
• Is Part Of: Legal theory. Volume 23:Number 4(2017)
• Page Start: 283
• Page End: 306
• Publication Date: 2017-12-20
• Subjects: Law -- Periodicals; 340.1
• DOI: 10.1017/S1352325217000271
• Languages: English
• ISSNs: 1352-3252

Abstract

ABSTRACT: This paper defends pro-active policing measures that offer reasonable assurance that the authorities will elicit crimes from citizens that would likely have occurred anyway. Such pro-active measures generally should be directed only at citizens who the authorities can demonstrate to a court have active intentions to commit crimes, must mimic the kinds of opportunities already available to targeted citizens, must be abandoned if the citizens to whom they are offered appear to renounce their criminal intentions, and must be a last resort. They should also be focused on the prevention of serious harm rather than vice crime. Pressuring targeted citizens to accept the opportunities presented to them should be prohibited. When government officials exceed the remit of their pro-active policing warrants, the remedy should be the dismissal of all charges stemming from their overreach.