Entrapment: Do They Always Follow the Law? Research Paper Example

If an individual is convinced by law enforcement to commit a criminal act that he or she was not intentionally planning to do, this is defined as entrapment (The Lectric Law Library, 2010).  If and when this occurs, the law will not (or should not) sustain this type of case in a court of law.  If a person makes a conscious decision, however, to commit a crime when law enforcement has provided an opportunity for a criminal act, this is not defined as entrapment. In order for an individual to use entrapment as a form of defense, there are two primary acts that must occur:

1. The law enforcement officer provided the individual with the idea of committing a criminal act and it was not the intention of the person who commits the crime.
2. Law enforcement personnel coerced the individual into committing the crime (Rutledge, 2008).

Many people believe that the television show “To Catch a Predator” is an example of entrapment. Another popular debate regarding entrapment is law enforcement’s utilization of a ‘bait car’. In the case of a bait car, for example, also known as a decoy car, a vehicle is set up by law enforcement as an easy burglary. These vehicles are usually high tech cars that have been equipped with a GPS tracking system in addition to audio and video surveillance. Once the person takes the car, the police are able to track the vehicle and immobilize the car remotely. Afterwards, the thief is arrested and charged with car theft. While many people may believe that this is a form of entrapment, it is not.  The individual willingly committed the act of stealing the car without any knowledge of police involvement. It is up to the arresting officers, however, to provide the evidence that will prove the act as an intentional crime (Allenti, 2006). If there is any doubt of intention, then the person may be considered not guilty.

A highly publicized entrapment case is the case of a twenty-four year-old Pakistani immigrant named Shahawar Matin Siraj. Siraj was sentenced to 30 years in prison for plotting a 2004 attack on the Herald Square subway station in New York. Siraj’s attorney states that their client was set up by a police informant who coerced Siraj into this act while intending to use this event as a means to imply that New York City is winning the war on terrorism. Siraj’s attorney stated, “In essence, what we have is the New York City Police Department creating a crime so they can solve the crime and claim a victory in the war on terror” (Goodman, 2007).

References

Allenti, Emanuele. (2006). Why Legal Entrapment Is A Tricky Legal Situation. Retrieved May 8, 2010 from web: http://www.articlesbase.com/law-articles/why-legal-entrapment-is-a-tricky-legal-situation-12043.html

Goodman, Amy. (2007). Police Entrapment in Terror Case? NYC Subway Bomb Plotter Says He Was Set Up By Paid NYPD Informant. Retrieved May 8, 2010 from web: http://www.democracynow.org/2007/1/10/police_entrapment_in_terror_case_nyc

Rutledge, D. (2008). Entrapment: How far can decoys and undercover officers go before they cross the line? Retrieved May 8, 2010 from web: http://www.policemag.com/Channel/Patrol/Articles/2008/10/Entrapment.aspx

The Lectric Law Library. (2010). Entrapment. Retrieved May 8, 2010 from web: http://lectlaw2.securesites.net/def/e024.htm