Sample Essay On Entrapment AND Outrageous Government Conduct
I do not agree with the confines placed on the police for entrapment because the conduct of the law enforcement officials may result to improper inducements such as persistent harassments, appeals to sympathy and making offers of things that have great material value. Thus, there are cases wherein the police officers abused their powers to the detriment of innocent defendants. There are instances when the actions of the law enforcement agents have become so outrageous that the principles due process had been violated. Thus, it is unjustifiable for the government to invoke judicial process to obtain a conviction.
When a judge finds outrageous conduct in the manner how police entrapment was enforced, the police officer should be charged with a crime. In my opinion, there is bad faith on the part of the police officer since harassment may have been committed in the process. At the same time, the essence of the entrapment defense on the part of the defendant is that the government used undercover agents who may have employed deception, which can give rise to a due process violation.
The outrageous conduct on the part of the police officer has become fundamentally unfair and so shocking to the moral conscience and principle of universal justice. At the same time, a predisposed defendant can establish a due process violation by presenting the he was induced to commit the crime by the police officer.
Hence, the police officer should be convicted for committing a criminal enterprise and by inducing the defendant to continue with the criminal activity. Due process is a right that is recognized under the constitution and no person should be deprived and denied of such right.
The act of predisposition on the part of the defendant is difficult for the jurors to assess. The law should punish the criminal act of inducement on the part of the police officers. Predisposition is difficult to prove since it requires the prosecution to establish the bad reputation of the defendant, past criminal conduct and his bad activities. Thus, it will be difficult for the prosecution to establish the predisposition on the part of the defendant. Therefore, the police officer should be convicted for committing entrapment by since it is criminal enterprise and by inducing the defendant to continue with the criminal activity. Due process is a right that is recognized under the constitution and no person should be deprived and denied of such right. The police office should not deny the defendant of due process because his outrageous conduct has deprived the defendant’s constitutional right. The police officer should not abuse his power to apprehend the defendant by making improper inducements. In my opinion, the police officers should be made accountable for the wrongful acts that they have done and they should be punished under the law.
When a judge finds outrageous conduct in the manner how police entrapment was enforced, the police officer should be charged with a crime. In my opinion, there is bad faith on the part of the police officer since harassment may have been committed in the process. Therefore, the essence of the entrapment should not be used for the government and its undercover agents to harass and employ deception against innocent defendants since it can give rise to a due process violation. It is only proper to hold the police officers liable for their indiscretions.
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