Text 28829, 53 rader
Skriven 2009-03-09 23:54:06 av Dale Shipp (1:261/1466.0)
     Kommentar till en text av Robert Bashe
Ärende: Re: Entrapment
======================
 -=> On 03-09-09  15:06,  Robert Bashe <=-
 -=> spoke to Dale Shipp about Entrapment <=-

 RB> Sorry, Dale, but that's a rubber paragraph. What does 
 RB> "unlikely" mean? Yes or no? And "otherwise"? In what way 
 RB> "otherwise"?

 RB> In such a case, I woulkd think the first thing that would have to be
 RB> cleared  up is the definition of "unlikely", since the whole 
 RB> "entrapment" business depends on that. Whether you call it 
 RB> a "sting" or "entrapment" would largely appear to be a 
 RB> matter of the viewpoint to me, and I'd hate to the judge 
 RB> (or a member of the jury) trying to judge such a case.

That is what case law is all about.

 RB> Whatever the word, I think this is something that gets into 
 RB> very esoteric legal territory.

Yes it does, and the police are given very careful instructions on what
they can and cannot do to achieve a good arrest and to not be themselves
guilty of entrapment.
 
 RB> The problem is simply that the legal definition (if that's 
 RB> what you cited above) is not necessarily obvious or 
 RB> understandable to a legal layperson. It's a little like 
 RB> manslaughter and (non-premeditated) murder: whether it's 
 RB> one or the other, the victim is still dead. Now decide on 
 RB> the punishment.

The distinction is reasonably clear to me as to what constitutes
entrapment here in the US.  And it is also clear that entrapment is not
legal in the US.

 RB> Incidently, I wasn't referring to Michiel's permanent gripe
 RB> - as far as I'm concerned that was a cut and dry case. But 
 RB> was it a "sting" or "entrapment" <beg>?

From every thing I have read and heard about the case Michiel keeps
griping about, it was a legitimate sting operation -- executed on US
soil by US LEO according to appropriate guidelines.

                               Dale Shipp
                  fido_261_1466 (at) comcast (dot) net
                              (1:261/1466)



... Shipwrecked on Hesperus in Columbia, Maryland. 23:41:47, 09 Mar 2009
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