Quote:
Originally Posted by splitlog
Not entrapment at all.
|
"Entrapment", oversimplified, is enticing an innocent person to commit a crime that s/he would not at all be inclined to commit on his/her own, minus the enticement. If there is any evidence that the target might be inclined to commit the crime on his/her own without the enticement (e.g., the target has priors for the same/similar offense, or the target initiates the encounter, only to receive encouragement from the target), it's not entrapment.
From the news report:
Quote:
According to the report, the detectives left the area and then returned to see Davis was still parked there. The tail lights of Davis' truck lit up, which police said is a common indicator of someone looking to loiter in the park.
Detectives said Davis approached their vehicle and asked the detectives what they were into. According to the report, the detectives said "anything freaky." Detectives said Davis replied, "Like me watching y'all?"
|
The state cop, according to this, initiated the action, after which the detectives responded encouragingly, so it's not (on these facts) entrapment.
A couple of notes:
1) The facts as given here are the cops' version of the story. The accused has every right to claim entrapment, if he can establish facts different from the cops' story that justify a jury concluding he was entrapped. We don't know his side of the story, yet;
2) Entrapment is a very, very dangerous defense for a criminal accused to rely on. In order to claim entrapment,
you in effect enter a plea of guilty, inasmuch as you admit that your conduct in the case amounted to violating the law but for the enticement by the cops. If the jury decides that the cops' behavior didn't amount to sufficient enticement to constitute entrapment, or if it concludes that you initiated the encounter yourself, or if it concludes that you had a predisposition to commit that offense before the cops enticed you... well, you're screwed then. You've already admitted that you committed the crime; if you can't establish entrapment,
you cannot avail yourself of any alternative defense. Entrapment is an all-or-nothing roll of the dice--a literal crapshoot, with about as good a chance of winning as if you're rolling the dice at the craps table.
Cheers,
bcg
State Police Captain Arrested in Fort Smith
My Bio Page - Arkansas
