When crimes are being committed the American law systems steps in to punish those committing crime and take measures to prevent future crimes from being committed. This is done through law enforcement and is one of the most basic principles in local, state and national government decision making. While a number of methods are used by police officials in order to enforce the laws, one method that is often controversial is the sting operation.
A sting operation is a deceptive practice used by law enforcement officials where they will pose as someone facilitating or taking part in a crime in order to catch someone in the act of committing a crime. Typically this means a law official will pose undercover, sometimes as an underage child in a chat room or as a prostitution patron. This method is often used to catch individuals who may be committing sex crimes. But how legal is this process?
Is a Sting Operation Entrapment?
One of the greatest concerns surrounding these operations is whether or not they constitute entrapment. Entrapment is when a law official or law enforcement officer influences an individual and convinces them to commit a criminal offense when otherwise the individual would have been unable to commit the offense. For a sting operation to not be entrapment the following must occur:
A law enforcement official cannot provoke an individual into committing the crime
Officers cannot provoke a person to commit a crime who otherwise would have never done so
The police should avoid partaking in the same activity they are trying to prohibit through the sting operation
Overall it is not illegal for police officials to perform these operations. However, if they solicit and pressure an individual to commit a crime the person would have never committed otherwise, the criminal defense attorneys can use the argument of entrapment to ensure the accused is not punished for the deception.
For More Information
In theory these operations are good practice for catching criminals in the act of a crime. However, this controversial method of law enforcement runs the risk of infringing on the rights of all American citizens. If you have been accused of a sex crime due to your involvement in a sting operation, it is important you have support as you defend your freedoms and rights.
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