Quote:
Originally Posted by Cynthetiq
NYC does not have anti-entrapment laws.
If a person driving stops to ask someone directions and that person is an undercover hooker, they can and have arrested people for solicitation. As they defend the position that it is about opportunity and it was given and the person took the opportunity.
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Does it not? Usually, even if entrapment is not a law on the statute books, it's available through the common law. I would be surprised if the NY Courts completely abolished the defense of entrapment.
Oh and...I thought you guys all knew the legal defense of entrapment. Here I was making my case wondering why people didn't understand what I was saying.
---------- Post added at 05:47 PM ---------- Previous post was at 05:38 PM ----------
Yep:
Oregon Statute Regarding Entrapment
Quote:
(1) The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the proscribed conduct because the actor was induced to do so by a law enforcement official, or by a person acting in cooperation with a law enforcement official, for the purpose of obtaining evidence to be used against the actor in a criminal prosecution.
(2) As used in this section, “induced” means that the actor did not contemplate and would not otherwise have engaged in the proscribed conduct. Merely affording the actor an opportunity to commit an offense does not constitute entrapment. [1971 c.743 §35]
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Other interpretations:
(a) Subjective Theory: That if the individual can show some form of 'inducement' by the government, then the government must show predisposition towards committing the crime (i.e. previous criminal record, initiating contact, etc.) to overcome the entrapment defense.
(b) Objective Theory: That entrapment is a deterrence to law enforcement wrongdoing (much like 4th Amendment remedies) and thus, if there is any evidence of LEO inducement, entrapment operates as a complete defense.
Etc. etc.
Like I said, I want to see all statements made by all parties involved. I would not rush to conclusions.