Ethical and Legal Concerns
Sting operations are fraught with ethical concerns over whether they constitute entrapment. Law-enforcement may have to be careful not to provoke the commission of a crime by someone who would not otherwise have done so. Additionally, in the process of such operations, the police often engage in the same crimes, such as buying or selling contraband, soliciting prostitutes, etc. In common law jurisdictions, the defendant may invoke the defense of entrapment.
Contrary to popular misconceptions, however, entrapment does not prohibit undercover police officers from posing as criminals or denying that they are police. Entrapment is typically only a defense if a suspect is pressured into committing a crime they would probably not have committed otherwise, though the legal definition of this pressure varies greatly from jurisdiction to jurisdiction. For example, if undercover officers coerced a potential suspect into manufacturing illegal drugs to sell them, then the accused could use entrapment as a defense. However, if a suspect is already manufacturing drugs and police pose as buyers to catch him, then entrapment usually has not occurred.
Read more about this topic: Sting Operation
Famous quotes containing the words ethical and, ethical, legal and/or concerns:
“Ethical and cultural desegregation. It is a contradiction in terms to scream race pride and equality while at the same time spurning Negro teachers and self-association.”
—Zora Neale Hurston (1891–1960)
“The repudiation of the primacy of understanding means the repudiation of the norms of judgment as well, and hence the abandonment of all ethical standards.”
—Johan Huizinga (1872–1945)
“... whilst you are proclaiming peace and good will to men, Emancipating all Nations, you insist upon retaining absolute power over wives. But you must remember that Arbitrary power is like most other things which are very hard, very liable to be broken—and notwithstanding all your wise Laws and Maxims we have it in our power not only to free ourselves but to subdue our Masters, and without violence throw both your natural and legal authority at our feet ...”
—Abigail Adams (1744–1818)
“From a child’s play, we can gain understanding of how he sees and construes the world—what he would like it to be, what his concerns are, what problems are besetting him.”
—Bruno Bettelheim (20th century)