I have a question for all of you anti-drug people how is it possible to bust a drug dealer unless you catch him red-handed and in the act without using a term called entrapment?
Yes they did because the narc is a government agent and if they request that the person sell them drugs that is entrapment...That is really the most basic form of entrapment if it isn't then what exactly is entrapment...The same could be said if they are tracking the persons phone calls and text messages. and it doesn't have to be a government agent in order for it to be entrapment Police officers are essentially government agents, and if they are working for the government then they are a government "agent"...maybe not in the technical sense that you are thinking of but in a literal sense. Yes they did provide the "willingness" maybe not to commit the crime in other scenarios that do not involve government agents, but if an agent is requesting drugs from a dealer then they are providing the "willingness" because if the government agent never requested the drugs in the frist place there would be no "willingness" to begin with that they arrested them for.
Yes they did because the narc is a government agent and if they request that the person sell them drugs that is entrapment...That is really the most basic form of entrapment if it isn't then what exactly is entrapment...The same could be said if they are tracking the persons phone calls and text messages. and it doesn't have to be a government agent in order for it to be entrapment Police officers are essentially government agents, and if they are working for the government then they are a government "agent"...maybe not in the technical sense that you are thinking of but in a literal sense. Yes they did provide the "willingness" maybe not to commit the crime in other scenarios that do not involve government agents, but if an agent is requesting drugs from a dealer then they are providing the "willingness" because if the government agent never requested the drugs in the frist place there would be no "willingness" to begin with that they arrested them for.
In criminal law, entrapment is constituted by a law enforcement agent inducing a person to commit an offense that the person would otherwise have been unlikely to commit
That is the legal definition they may have commited the crime with someone else but not that particular crime that they busted them for there is no way to bust a criminal without using entrapment, because each and everytime they sell drugs it is considered a crime selling drugs in general is not just one big crime...so technically they wouldn't have been likely to commit the crime if they knew that the person was a police officer and there would be no crime committed or a crime to be prosecuted.
In criminal law, entrapment is constituted by a law enforcement agent inducing a person to commit an offense that the person would otherwise have been unlikely to commit...they may have commited the crime with someone else but not... if they knew that the person was a police officer...
Well how do you legally prove he wasn't?
If the cop hadn't asked the person to sell the drugs then they wouldn't have...They have no way of otherwise proving that they do and catching them in the act.
A police officer is a government agent...here is what I am saying lets say that the person was going to quit dealing drugs until the officer asks him to sell him drugs which could make the person a lot of money whether they are using it to buy food, pay rent, pay their electric bill whatever how is that not entrapment if there was no willingness to deal drugs anymore before the police officer asked the person to?
Well yeah sure in order for someone to commit a crime they have to be willing whether they are entrapped or not.
Well yeah sure in order for someone to commit a crime they have to be willing .
Oh my gosh... if a person is entrapped, then they are entrapped, and that only occurs 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.
In your scenario, the guy was not entrapped since the idea for committing the crime came from the individual, not the agent. They agent asked a question, the guy already had the idea of selling drugs and it is imperative that the guy say no. Unless I am mistaken. I will defer to Caine or Goshin or Turtle Dude, if they choose to chime in again...
If a defendant shows willingness to engage in the activity, entrapment is going to be near impossible to prove. Of course no one in their right frame of mind would willingly sell to a police officer or a customer who they knew was working off charges. But if they sell to them and the only fact is the offender did not know they were government agents (yes, both are government agents in the eyes of the courts), then the defendant is "s" out of luck for entrapment.
Your average drug dealer isn't going to sell to a complete stranger so there had to be some persuading along the lines in order to convince them that the peson is "cool"
Okay first if the government agent requests that drugs be sold to them then the idea for committing the crime DID in fact come from the agent.
Second, Asking the person to sell them drugs if they do not know the person is persuading them to do so, because your average drug dealer will not sell drugs to a stranger so there had to be some persuading there somewhere along the lines...
Third-The person WAS not ready and willing to commit that particular crime of selling drugs to a police officer before the police officer asked him to do so
I'm not talking about dopeboy standing on the corner I'm talking about peopple that actually sell drugs to pay their bills or to put gas in their car or so they can use drugs for free or just put a little extra money in their pocket...
Some people just sell drugs so that they can use them for free how do you know that the drugs that they had were not for personal use before the cop showed up?