LAWS 2302 Lecture 10: Lecture 10 and 11 - Defenses III and IIII
11 Apr 2017
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If the judge agrees to this defense, the judge will "stay" proceedings or stop the trial: law enforcement mission. Is not to create the crime and create the criminals based on no fact but, stop crime and catch criminals: the accused must be already in the works of the crime without any help of the undercover officers. Is there reasonable suspicion that the accused was going to conduct in criminal activity or did the officer move to make them criminal: the charge of entrapment is a condemnation of police conduct not an individual defense. R v. mack: leading case on entrapment in canada, another charge of drug trafficking with an undercover police officer over a long period of time, endorses entrapment as a defense. R v. barnes: confirmation of entrapment as a defense. By showing: the government made no inducement or its inducement was mild, the accused was predisposed to commit the offence.
