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Tuesday, January 22, 2013

What Is Entrapment?

Entrapment1 ) Entrapment is defined as act of government agents or officials that induces a person to commit a umbrage he or she is not previously disposed to commit (West s encyclopaedia of American Law , 1998 Entrapment is a defense that can be availed of in a criminal prosecution by establishing that the idea of the crime was initiated by the official and therefore , the accused was only bring on into committing it . The significance of this defense is to discourage and deter the rightfulness enforcement ships officers from inducing another to commit a crime and who in the first-year case , was not predisposed to do so . The integrity enforcement officer is however allowed to use deception to provide an luck for the commission of the crime when the person has already previous conception to do so . This an allowable standard to enable the law enforcement officers to gather evidence and address crimes within their jurisdiction (West s Encyclopedia of American Law , 19982 ) In the case of New York v . Quarles , 467 U .S . 649 (1984 , Quarles an assailant was spotted by the police and was frisked in a supermarket The police officer felt the empty musical composition holster and inquired from Quarles where the firearm was . Quarles replied . The officer arrested Quarles and read him his Miranda rights . The main issue which the judiciary resolved is whether the statements of Quarles can be used in woo against him notwithstanding the fact that the police officer failed to read him the Miranda rights in the first place inquiring about the firearm .
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The Court ruled that the mishap of the police officer to immediately read his Miranda rights was not a violation of the Constitution . The constitutional rule of the Miranda warnings admits of an exception which is the ` humankind safety exception . The desire of the police officer in immediately apprising himself of the location of the firearm was spontaneous and instinctive . This was kick upstairs interpreted by the Court as the police officer s concern for their own personal safety as swell up as of others . Therefore , the Court denied and rejected the motion for crushing of the statements of Quarles [New York v . Quarles , 467 U .S 649 (1984 )]ReferencesNew York v . Quarles , 467 U .S . 649 (1984 . Retrieved on February 24 2008 , from HYPERLINK http /www .fordhamprep .org /socstud /cases /quarles .htm http /www .fordhamprep .org /socstud /cases /quarles .htmWest s Encyclopedia of American Law . The Gale Group , Inc . 1998PAGEPAGE 2 ENTRAPMENT...If you want to get a full essay, order it on our website: Orderessay

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