On The Entrapment

It is desirable that criminals should be detected, and to that end that all available evidence should be used .It is also desirable that the government should not itself foster and pay for other crimes, when they are the means by which the evidence is to be obtained. So that for many years, controversy over the very nature of entrapment continues unabated. Today, questions remain on why the defense exists, what policies the defense serves, and what restriction the defense should place on government conduct These questions, by no means easy to answer, must be addressed for our society to genuinely answer the larger question: to what degree should a free society allow its law enforcement officials to provoke crime in order to define and punish criminals?The controversy over entrapment has attracted much scholarly attention, and we make the following points to clarify it.The first chapter is about the concept of entrapment The first part of this chapter provides definition of the concept of entrapment and the character of it, while the second part makes the distinction between sting and entrapment defense. Additionally, to understand entrapment more clearly, the third part provide a new opinion on how to sort out entrapment. The second chapter is the legal background of entrapment in foreign countries. In this chapter, we check many foreign countries about their practice and legal background of entrapment We take the United States, Germany and Japan as the main countries. Part I is about the Unite States, traces the judicial development of the doctrine through a brief review of the Supreme Court case law on entrapment Part II is about the Europe, mainly about the law of Germany.The third chapter is rational analysis about entrapment. The benefits of entrapment are likely to come in the form of easily obtained reliable evidence of criminal activity and increases in criminal deterrence levels, but entrapment also has a risk of encouraging innocent, "nonpredisposed " individuals to break the law. Usually, the court uses legislative intent to justify the barring of convictions for defendants who are not "predisposed" to the crime .This raise two problems. First, there is no legislative support for this proposition; and second,...