Sunday, April 11, 2010

Criminal Justice And the Rule of Law

Entrapment-The Defense that the Individual was Induced by the Police to Commit a Criminal Act.
Is a defense that may be used to show lack of Intent. the Law excuses a defendant when it is shown that government agents have induced the person to commit a offense,  that dose not mean that the police may not use a undercover Agents, - to set a trap for criminals- But the entrapment defense act is to encourage a criminal act

The defense of entrapment has evolved though a series of count decisions in this century. in earlier times judges were less concerned with whether the police had baited a citizen into committing an illegal act they were more concerned if the citizen had taken the bait, Now  when the police investigate a crime or implant the idea for a crime in the mind of a person who then commits the offense
entrapment has occurred , entrapment raises tough question for a judges who must decide whether the police went to far  toward making a case occur that otherwise would not have happened

that the  key questions a community need to be asking!

The Supreme Court Stressed that the prosecutor must show beyond a reasonable doubt that  a defendant was predisposed to break the law before he or she was approached by an government agents

IN THE MAJORITY OPINION JUSTICE, BYRON WHITE WROTE THAT GOVERNMENT OFFICIALS MAY NOT. ORIGINATE A CRIMINAL DESIGN, IMPLANT IN AN INNOCENT PERSON "S MIND THE DISPOSITION TO CRIMINAL ACT, AND THEN INDUCE COMMISSION OF A CRIME SO THAT THE GOVERNMENT MAY PROSECUTE   

So who is changing the laws and the rule that was put in place, is our own government above the law?
and if so what dose this mean for our children, what would this world look like without law? without trust in the people we put in power, are we going backward in time?    
The Magna Carta.singed by England "s King John in 1215, is the first written guarantee of due process
it established the principle that persons must be arrested and tried according to the processes outlined

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