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A LIMITED DEFENSE OF WHAT SOME WILL REGARD AS ENTRAPMENT
Legal Theory ( IF 1.2 ) Pub Date : 2017-12-20 , DOI: 10.1017/s1352325217000271
Richard L. Lippke

This paper defends pro-active policing measures that offer reasonable assurance that the authorities will elicit crimes from citizens that would likely have occurred anyway. Such pro-active measures generally should be directed only at citizens who the authorities can demonstrate to a court have active intentions to commit crimes, must mimic the kinds of opportunities already available to targeted citizens, must be abandoned if the citizens to whom they are offered appear to renounce their criminal intentions, and must be a last resort. They should also be focused on the prevention of serious harm rather than vice crime. Pressuring targeted citizens to accept the opportunities presented to them should be prohibited. When government officials exceed the remit of their pro-active policing warrants, the remedy should be the dismissal of all charges stemming from their overreach.

中文翻译:

对某些人认为是诱捕的有限防御

本文为积极的警务措施辩护,这些措施提供了合理的保证,即当局会从公民身上引出无论如何都可能发生的罪行。这种积极主动的措施通常只应针对当局可以向法院证明有积极犯罪意图的公民,必须模仿目标公民已经获得的各种机会,如果向其提供这些措施的公民必须放弃似乎放弃了他们的犯罪意图,并且必须是最后的手段。他们还应该专注于预防严重伤害而不是犯罪。应禁止向目标公民施压,让他们接受提供给他们的机会。当政府官员超出其积极的警务令的职权范围时,
更新日期:2017-12-20
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