The Theory Of Entrapment And Criminal Liability

A controversial aspect of the criminal justice system is the Crown’s use of discretion when it decides to make charge negotiations. This means that the crown offers the accused a lesser charge should they plead guilty to it. In doing so, the crown benefits from the assured conviction (maintaining peace and security by an efficient means) and the accused benefits from a lesser sentence. However by employing powers of discretion in this case and making a deal with offenders, is seems to be at the expense of victims as there if insufficient retribution. The case of Nannette May (2009) epitomises the concern of victims, as May was not given a chance to give evidence against her attacker due to his acceptance of a

Isolation can lead to unchecked power and abuses of authority. One of the characteristics of covert policing is the isolation from other uniformed officers. This is a point of contingency for many scholars as it is believed this type of isolation insulates undercover officers from the consequences of abusing their positions. “The police are the public and the public are the police; the police being only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence” (Sir

Cases R v Park (1994) where procedures laid down in the PACE Act were not followed properly and evidence could not be submitted. Also R v Fenlley [1989] in which the defendant had not been informed properly of the reason for stop and search can lead to suspects being unable to be prosecuted. It is hard to justify these results and describe the use of stop and searches as a valuable tool in the detection of crime. Especially when there is a large amount of evidence from reports, cases and statistical information showing the disproportionate amount of Black and Asian individuals that are stopped and searched under section 1 of PACE 1984. This has led to issues arising between the police and the community.

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

Bulsey & Anor v State of Queensland [2015] QCA 187 signified the requirements of legal justifications when conducting unwarranted arrests, and further expresses the importance of the right to personal liberty as it is ‘the most fundamental of the human rights recognised under the common law.’ It was evident to the Judges that at least one officer held reasonable suspicion that “the suspect” had committed an indictable offence, but the lawfulness of the arrest was inevitably questioned as to whether an officer with reasonable suspicion was the arresting officer. The judgements in favour of the appellants heightens the need for officers to use their powers within the ‘confines of the law’ when ‘forcibly arrest[ing] and detaining’ a person as to preserve the right to personal liberty, for once this right is left in the power of any authority, to imprison arbitrarily whomever they suspect, ‘there would soon be an end of all other rights and immunities.’

The following paper is to discuss the statement by Brien (1999, p9)” the Rule of Law is one of the necessary elements of any decent, society civilized society. More specifically, it is an ideal and aiming to practice it is a necessary element in any liberal, democratic community”. The ethical policies and practices of the New South Wales Police Force (N.S.W.P.F), including the Oath of Office, Missions and functions, Statement of values and Code of Conduct and Ethics will be discussed in relation to the “Rule of Law”. Two real examples will also be discussed to demonstrate the ethical dilemmas that exist in the N.S.W.P.F.

This assessment will focus on Section 1 of The Police and Criminal Evidence Act 1984 (Stop and Search powers). I will look at the use of stop and search before the Macpherson report and after the Macpherson report and compare how it has changed. The use of stop and search powers allow the police to tackle crime and anti-social behaviour, and to prevent more serious crimes occurring generally in public places like a Football match. A police officer can ask what you are doing, why you’re in an area and/or where you’re going. They also have the power to stop and search you if they have ‘reasonable grounds’ to suspect you’re carrying; illegal drugs, a weapon, stolen

There are many codes within the policing profession, one is the “code of silence”, also referred to as the “blue curtain of secrecy” (Jones, 2005). It is referred to this because of the blue

My personal interest project, an in-depth discussion of the police institution , aims to explore the hypothesis as to why on many occasions police have received public questioning due to their forms of verbal attacks, psychological intimidation, and their use of excessive force. To undergo this project better understand the role of police within Australia.

Rule: The Courts understood that the defendant's right against self-incrimination has previously been part of Anglo-American law as a means to lessen the feeling of isolation while detained. However, corruption in the police force allowed the Court to cite the continued use of police violence designed to compel confessions from a suspect. These forms of intimidation tactics deprive criminal suspects of

Police conduct is unnecessarily suggestive when there is no good reason to conduct the a show up in the circumstances. Commonwealth v. Figueroa, 9 N.E.3d 812, 823 (Mass. 2014). To determine whether an identification lacked good reason, the court examines the nature of the crime and whether there are any corresponding ongoing public safety concerns. Commonwealth v. Bresilla, 23 N.E.3d 75, 86 (Mass. 2015). Additionally, the need to promote and quick and efficient investigation and validate information in the immediate aftermath of a crime can justify the

One case which shows there should be a right to anonymity for suspects and defendants is ‘R v James and Norley’ , it shows that there is a vast stigma towards suspects and defendants accused of a sexual offence compared to another type of crime. After Ebrahimi in this case had been investigated by police and gone back home, he received threats, bullying and victimisation from his neighbours. Even though the police did not find him guilty of any sexual offence the neighbours still felt very strong about the allegation, and so Ebrahimi did not feel safe in his home. The victimisation of Ebrahimi resulted in his murder by his neighbours and burning of his body, as they strongly believed that he was a paedophile and the label of him being a paedophile didn’t leave Ebrahimi when the police released him without a charge. This shows the extent of danger that a suspect can be under when others believe that they are guilty of a sexual offence, and why anonymity should be granted to suspects and defendants as it would protect them from stigma and possible harm from others who like in this case took matters into

The use of entrapment to solicit defendants to be a part of criminal undertakings has been in the judicial system of the United States over the last centuries. With the evolution of the constitution and other important amendments regarding human rights and the role of the law enforcement in keeping peace, entrapment has come under fierce criticism with the government keeping its ground that it is a necessity. The two main interpretive views of entrapment are the subjective and the objectives views, each of which is equally applied by jurisdictions and specific courts. The fundamental concepts surrounding entrapment are whether or not the individual claiming entrapment has evidence that the person

The use of force by police is a fundamental power delegated to them to enable pursuit of their doctrine to protect and serve the greater community. Indeed, so intrinsic is this power to police, that Victoria Police invariably refer to themselves as “The Force”. It is essentially only this power which differentiates the police from the rest of us, a state sanctioned ability to manage harm in order to arrest and subdue law breaking citizens. As a society we accept police powers of arrest and force as a necessity in the maintenance of law and order and so public discourse in this matter is generally limited to cases of excess use of force, especially those resulting in fatalities. This paper aims to explore current issues in the practical

I do not feel it is appropriate for federal criminal liability to vary depending on where in the United States the crime is committed. I believe that federal criminal liability should be standard across everywhere in the United States. Liability is basically being responsible or accountable for the crime you committed. When determining liability two main elements are taken into consideration, the actus reus, and mens rea. The actus reus is the action preformed and the mens rea is the mental state (Kleinig, 1986). I believe federal criminal liability should not vary depending on location, however it should vary depending on these two elements. I believe by having criminal liability vary by location will cause conflict because some people in