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NCJ Number: 119419 Find in a Library
Title: Lead Us Not into (Unwarranted) Temptation: A Proposal to Replace the Entrapment Defense with a Reasonable-Suspicion Requirement
Journal: University of Pennsylvania Law Review  Volume:133  Issue:5  Dated:(June 1985)  Pages:1193-1230
Author(s): M F J Whelan
Date Published: 1985
Page Count: 38
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article argues that Congress should limit police encouragement tactics to situations where law enforcement officers can offer evidence to support a reasonable suspicion that a suspect is involved in on-going criminal activity.
Abstract: Because the use of encouragement tactics by undercover agents can seriously threaten individual privacy and integrity, Congress should put limits on its use. At the same time, undercover activity must be allowed as long as the Federal government prosecutes victimless or consentual crimes such as narcotics trafficking, gambling, and bribery. The proper balance, then, is the use of inducement techniques only when they can be fully justified. Entrapment operations should be forbidden unless authorized by a warrant issued after a showing of reasonable suspicion, and the defense of entrapment would be abolished. The proposal is discussed in light of the facts of the DeLorean and Abscam cases. 213 footnotes.
Main Term(s): Entrapment
Index Term(s): Police decoys; Rights of the accused; Warrants
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