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Yet, the Bureau’s involvement in concocting terrorist plots and other violent schemes only to arrest those involved has been an open secret over recent decades. This practice, which appears aimed more at justifying the agency’s existence and funding than protecting the public, raises serious ethical and legal questions – especially since such practice typically results in the violation of rights. //
Mongoose
5 hours ago
There's actually a really simple legislative fix for this, which Mr. Friend sort of mentions. And it might be popular, even in both parties. I could see both sides getting on board.
Entrapment is an affirmative defense - you have to admit you did the act, but you're saying there's a legitimate excuse; you were entrapped by the government. There are two kinds of entrapment defenses, subjective and objective. Subjective, which is the one federal law and court decisions recognize at the federal level and in most states, relies on the mindset of the defendant, particularly his "predisposition to commit the offense." ...
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Objective entrapment is wholly focused on the government's conduct and answering a basic question: Did law enforcement use tactics that would induce a reasonable, law-abiding person to commit the crime? Not the defendant, a "reasonable, law-abiding person." The classic example is an undercover drug agent who goes up to a known heroin dealer and offers to buy a bag for $100. The dealer says no. The undercover says, "How about $100,000?" That's objective entrapment because even a reasonable, law-abiding person might go for a deal like that. His predisposition is irrelevant.
So, go to Congress and have them legislate the objective standard into federal law, and all this FBI entrapment (which it is) crap goes away. I worked undercover at the federal level and in a state that used the objective standard and believe me, you have to be a lot more careful about what you say and do under the objective standard. I didn't mind; I wanted to make a good, solid case, so I didn't cross the line. But it would definitely slow the FBI way down.