Police and Entrapment Introduction

What started the argument of this case was ‘what standard should be used to evaluate the sufficient amount of probable cause and if the word of an informant be reliable. Thanks to this case we now have a two prong rule that needs to be met before a magistrate can sign a search warrant.

In the article, “Dangerous Minds” Malcolm Gladwell first grasps his reader’s attention via crime stories, then goes on elaborating the criminal profiling processes. He defines the types of criminal profiling, whodunit and hedunit. In whodunit, “the traditional detective story…centers on the detective search for the culprit” while in hedunit, “the nest is narrowed. The crime doesn’t initiate our search for the killer. It defines the killer for us.” He emphasizes on the profiling type with the best advantage and explains its significance. Using the FBI agent John Douglas’ investigation stories and profiling techniques to support his claims, he explains the structure of criminal profiling and how it is applied to cases. However, is this type of profiling effective? The author raises this question to evaluate the FBI criminal profiling. He asks a rhetorical question, “but how useful is that profile, really?” to make the readers think and follows up this question by a counter argument which set the author’s state of neutrality in the article. With analogies, crime stories and group research analyses as supportive evidence; the author informs and explains the flaws of FBI profiling, its problems and its ineffectiveness. As a result, the author uses the counter argument to refute his previous claims

Over the years, the nature of policing has changed and developed drastically. Their role not only entails crime fighting and emergency response, but also social enforcement and social peacekeeping. Bound by a code of ethics, this highly demanding role asks police to remain professional in their dealings with society, and ensure they uphold the law impartially and fairly. When it comes to enforcing the law, it is important to look at the methods and approaches taken by police in order to combat crime, and whether or not they meet current ethical standards. Although this may be the case, it is also important to acknowledge that aspects of police culture such as loyalty, deception and protection of colleagues will ultimately shape the nature of approach to resolving crime, gaining helpful information and protecting fellow officers. Police officers are granted large amounts of discretion within their roles, however, when officers deliberately abuse this amount of discretion and become display misconduct, it becomes challenging to limit discretionary authority of police officers because of the frequent circumstances they encounter where deception may provide highly constructive outcomes. Throughout this essay, methods used by police officers including entrapment, wiretapping and planting of evidence will be assessed for their strengths and weaknesses. Furthermore, the ethical standards of these methods and approaches will be assessed as to whether or not they prove as ethically

Law enforcement officers are given much power and authority over one’s civil liberties. Not only do they have a duty but also a responsibility to enforce laws and ordinances in their jurisdiction, maintain order and protect its people. In some cases, the only way to accomplish this is through legitimized use of force. Use of force can best be described as "the amount of effort required by a law enforcement officer to induce compliance of an unwilling subject" (nij.gov, 2012). With that said, law enforcement officers have been given the right to apply only enough force necessary to control a situation, while defending others, preventing escape, during self-defense and while a subject is resisting arrest (Pollock, pp. 234). It is not until that force becomes excessive that it becomes say an issue.

Our criminal justice system has over time implemented and changed the means of sentencing and punishment for crimes. In the United States plea deals are accountable for 90% of criminal cases. A plea deal is an agreement between prosecutor and defendant in whom the defendant accepts a guilty plea to a charge and in return receives some type of concession from the prosecution. As we have moved forward in the judicial system and now have the ability to look back on previous cases, plea deals have become more controversial. The majority of awareness in this area has been used to look deeper into false confessions, grazing right over the fact that false confessions are a large part plea deals. A controversy arose when many refused to believe that situational factors during interrogations and dispositional factors inherent to the suspects could result in false confessions. (Redlich, 2010)

When questioning witnesses of a crime, detectives may choose a specific technique; one technique is the Reid Technique. The Reid Technique is a multi-step questioning method that pressures the witnesses or the accused to admit to the crime. It is used in North America. According to Professor Brent Snook, a psychologist at the Memorial University in Newfoundland, the Reid Technique is “Starsky and Hutch”, where two hot head detectives “beat up” their suspects to encourage them confess (http://news.nationalpost.com/2011/11/25/youre-guilty-now-confess-false-admissions-put-polices-favourite-interrogation-tactic-under-scrutiny/). This paper will examine the steps of the Reid Technique, as well as reveal substantial evidence that this technique should be banned. This technique has led to false confessions. Not only does this mean that someone has been punished that isn’t guilty, but it also means the real criminal has not been found and punished. The arguments against the use of this technique are the following:

Christopher E. Smith, Police Professionalism and the Rights of Criminal Defendants, 26 Crim. L. Bull. 155, 158 (1990)

This is an introductory course in the study of criminal law, general legal principles, and how the criminal law functions in and affects modern society. This course highlights a variety of key topics, including the concept of crime and the development of criminal law, defenses to criminal charges, and a number of specific types of crimes, including personal crimes, property crimes, public order crimes, and offenses against public morality. Legal issues affecting punishment will also be discussed, as will ways the criminal law impacts victims of crime.

Anthony Edward Sowell was supposed to be a low risk inmate after his release from prison in June of 2005. He had served 15 years in prison for rape. Anthony Sowell moved in with family directly following his release. He moved into a Cleveland home on Imperial Avenue. Soon, residents started to complain about a pungent odor coming from Anthony’s home. Sowell blamed the source of the odor on a nearby sausage factory, and a new sewage pipe that had just been put in. Police then began to get reports of missing women, all from around the same area. Police received reports of a naked

Florida’s criminal statute, states that a defendant will be acquitted if entrapment is shown through the objective or subjective test. When law enforcement or agent thereof induces a person to commit a crime, they otherwise would not commit, entrapment has occurred. Ms. Daniels will likely show subjective entrapment under Florida law. The subjective test looks at: whether an agent of the government induced the accused to commit the offense charged, whether the accused was predisposed to commit the offense charged, and whether the entrapment evaluation should be

Officer Smith had reasonable suspicion which is based on the totality of the circumstances as understood by those versed in the field of law enforcement; it is commonly described as something more than a hunch but less than probable cause.(quiz law) The answer is yes, Officer Smith did have

For the public, a shocking judgement has arised from the Supreme Court of Canada on Hart’s trial—a man accused of drowning his three-year-old twin daughters. The Court ruled that videotaped confessions were inadmissible and the murder charges against Nelson Hart would be withdrawn due to insufficient evidence. For such a heartbreaking loss, the conclusion of this case seems confusing at best. However, with examination into the tactics used by undercover officers in an attempt to secure Hart’s confession, the Court uncovers injustice and emotional manipulation which disputes the legitimacy of the operation.

What does it take to close a case? Investigators -- engulfed in a slew of incriminating evidence and having secured some extremely reliable witnesses is a substantial amount to put away a prime suspect. What can insure that a case is closed even more quickly is a confession from the suspect. This confession usually takes a certain amount of coercion, on the part of the interrogators, to achieve. Coercion is an interrogation technique that uses intimidation to get suspects to confess to crimes whether or not they are truly guilty of any crime. Some will argue that coercion is a brilliant method with which to incarcerate criminals with. Others will say that it is much more beneficial to conduct a full investigation instead of relying on a

Following such protocol could help in cases where classifying a person’s guilt is based on fact finding by way of fair and honest legal procedures instead of presenting facts alone. Because the rights listed in the Constitution are not simple, accountability and liability must be present for criminal justice officials and authorities. Equality and uniformity should have a place in the justice process.

If he or she fails to give reason for the search, then the search is