Sting Operation - Ethical and Legal Concerns

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)

    Criminals are never very amusing. It’s because they’re failures. Those who make real money aren’t counted as criminals. This is a class distinction, not an ethical problem.
    Orson Welles (1915–1985)

    We should stop looking to law to provide the final answer.... Law cannot save us from ourselves.... We have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right. That energy and resourcefulness, not millions of legal cubicles, is what was great about America. Let judgment and personal conviction be important again.
    Philip K. Howard, U.S. lawyer. The Death of Common Sense: How Law Is Suffocating America, pp. 186-87, Random House (1994)

    New inventions can and will be made; however, nothing new can be thought of that concerns moral man. Everything has already been thought and said which at best we can express in different forms and give new expressions to.
    Johann Wolfgang Von Goethe (1749–1832)