skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 31599 Find in a Library
Title: UNDERCOVER OPERATOR
Journal: AUSTRALIAN POLICE JOURNAL  Volume:29  Issue:4  Dated:(OCTOBER 1975)  Pages:281-287
Author(s): N B TRENDLE
Corporate Author: Australian Police Journal
Australia
Date Published: 1975
Page Count: 7
Sponsoring Agency: Australian Police Journal
Sydney, 2001, Australia
Format: Article
Language: English
Country: Australia
Annotation: DISCUSSION OF ENGLISH, NEW ZEALAND, AND AUSTRALIAN CASE LAW REGARDING ENTRAPMENT IN RELATION TO UNDERCOVER POLICE ACTIVITY AND ITS EFFECT ON EVIDENCE ADMISSIBILITY AND SENTENCING.
Abstract: THE CONSENSUS HAS BEEN THAT THERE IS NO SUBSTANTIVE DEFENSE OF ENTRAPMENT SIMILAR TO THAT EXISTING IN THE UNITED STATES. IN ADDITION, THERE IS A VALID DISTINCTION BETWEEN THE UNDERCOVER CONSTABLE WHO MERELY AFFORDS THE OPPORTUNITY TO A PERSON TO COMMIT AN OFFENCE IF HE WAS SO MINDED AND THE AGENT WHO INCITES, ENCOURAGES, BEGUILES OR SEDUCES AN OTHERWISE UNWILLING ACCUSED TO COMMIT AN OFFENCE. CONDUCT OF THE FIRST TYPE WILL BE ACCEPTED BY THE COURTS, BUT EVIDENCE OF ACTIVITY WHICH CROSSES THE LINE AND AMOUNTS TO CONDUCT OF THE SECOND TYPE WILL, IN ALL PROBABILITY, BE EXCLUDED BY THE COURT. GUIDELINES IN THIS AREA FOR UNDERCOVER POLICE OFFICERS ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Australia; Entrapment; Exclusionary rule; Great Britain/United Kingdom; Judicial decisions; New Zealand; Rules of evidence; Undercover activity
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31599

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.