Posted on 05/11/2006 3:19:12 PM PDT by Momaw Nadon
"It's entrapment"
ENTRAPMENT - A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.
However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.
On the other hand, if the evidence leaves a reasonable doubt whether the person had any intent to commit the crime except for inducement or persuasion on the part of some Government officer or agent, then the person is not guilty.
In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:
- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.
- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.
- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.
On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents.
http://www.lectlaw.com/def/e024.htm
How dare you slander the land of my ancestors?! It's "The People's Really Swell Republic of Massachusetts".
Government spending resources on sting operations to combat more non-crime. Why am I not surprised?
It's "The People's Really Swell Republic of Massachusetts".
I just got back from Boston: home to tens of thousands of spoiled mega-narcissistic dopey college girls, the astonishingly crooked Big Dig, drunken Kennedys, BS Artist extrodianire John Kerry, and a variety of other democrat party thieves who endlessly loot the tax rolls.
Add "and guys with Birkenstocks and gray ponytails" and you've described the land that I'll soon be fleeing perfectly.
I do agree that police resources could be better distributed elsewhere. Tracking sex offenders that brain-damaged judges have let back out into the streets would probably be a better move.
Were they successful in curbing illegal cigarette sales?
From the looks of it, all three points of entrapment are satisfied in these cases.
ping
Nanny State Ping!!!!!!!!!!!
Because of one of these stings a week or so ago at one of the local convenient stores - I've been having a bit of trouble buying cigarettes without being askedd for ID......and I'm 45!!!!!!!
I do not like these stings, that is not to say kids should be able to buy smokes or beer, but I don't like the idea of using minors. To me it sends a bad measure.......whatever happened to using "youthful" looking professionals?
We're raising a generation of busy body snitches who are being taught it's OK to break the law if it means catching someone else doing it.
"We're raising a generation of busy body snitches who are being taught it's OK to break the law if it means catching someone else doing it."
That's for sure, This is wrong.
Now, I am not advocating selling to under-age people, but to use minors is going too far.
"Whatever happened to using "youthful" looking professionals?"
It wouldn't bother me as much if that was the case.
But, using minors is wrong. I thought they cared about the "children".
Funny, they don't mention booze, isn't it? Now, I wouldn't agree with using minors in that senario, either.
It's just funny how it always has to be about tobacco.
If this isn't aunt nanny at her finest, I don't know what is.
The Stasi said he changed his story. But the reported facts do not establish that.
"Could I have some cigarettes. They are for my mother, waiting in the car"
"I still need to see ID."
"Oh I left it in tha car. Please don;t make be go back in the rain for it "
Perfecly consistant with:
The girl had told him her mother was waiting in the car, the store clerk said.
...
"I always check IDs," he said. "Honestly, I saw her walking in the rain and felt bad for her."
Why is this a problem? Don't they realize all these store clerks are doing is helping raise government revenue? I would think the governor would appreciate all the help.
Seriously, clerks better be watchful of this. Washington has been doing it for years on alcohol as well as cigarettes. I'm 57 and was actually carded just the other night. All I could do was smile and say thank you!
One of the classic lines from the Mary Tyler Moore Show
Mary heing held in jail for refusing to reveal a newssource. There's a working girl in the cell with her
Mary (brightly): "Why were you aressted?"
Hooker (dryly) "I fell in love with a cop"
OK, I understand where you're coming from. But seriously, when I worked at a chain pharmacy, I was an absolute stickler about seeing IDs when selling cigarettes. When I buy cigarettes now, I automatically have my ID in hand. (I look younger than I am.) It doesn't take an expert to check an ID. We expect the same thing of people working in liquor stores.
I bought my first pack of (purchased) cigarettes at the age of 9 from a vending machine for $0.25, and got a new penny inside the celphane wrapper for change.
What is this world coming to?
I guess pretty soon, we'll be conducting Twinky stings with fat people as the operatives at taxpayer expense.
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