Entrapment and the entrapment defense: Dilemmas for a democratic society

descriptionPublicationkeyboard_double_arrow_right Article 01 Apr 1984 English Publisher:Springer Science and Business Media LLCJournal:Law and Philosophy, volume 3, pages 111-131 (issn: 0167-5249, eissn: 1573-0522,

Authors: B. Grant Stitt; Gene G. James;

doi: 10.1007/bf00211226

Entrapment and the entrapment defense: Dilemmas for a democratic society

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Abstract

Entrapment is defined and distinguished from related law enforcement practices. The subjective test of entrapment formulated by the Supreme Court and the objective test proposed by critics are discussed and evaluated. The argument is advanced that entrapment is a morally unjustifiable practice which is inconsistent with the rights of citizens in a democratic society. Guidelines are proposed for governing police conduct in potential entrapment situations and suggestions made regarding ways these guidelines might be implemented.

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University of Memphis
United States

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