Criminal procedure. Defense of Entrapment

Criminal procedure

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Institution

Defense of Entrapment

Entrapment defense has been widely used within the criminal justice system. The case in question has been used to address the issue of entrapment defense. This paper looks at the differences between intermediate and high appellate courts, options about the case, and the effects that are likely if the court finds the defense valid and reverses the judgment.

The intermediate appellate courts have the main function of reviewing the trial record for errors that might have been committed during the trial of a case. The parties that lose in a case have all rights to appeal to the intermediate appellate court, and the case can be reviewed. On the other hand, the jurisdictions in the high appellate courts are final, and there is no right of appeal (Acker & Irving, 1998). The high appellate court selects the cases to decide, after its assessment of the significance of the cases. It practices its powers by conceding or denying a petition for a reviewing the case. The intermediate appellate courts are also referred to as court of appeals because they review the jurisdictions of the trial court and correct the apparent errors (Welch & Fuller, 2013). The high appellate courts are also called the courts of last resort, the superior courts, or the supreme courts. They have power over all the other courts, including the intermediate appellate courts. They rule on errors that might have occurred in the intermediate appellate courts as the judges ruled a certain case and in the courts that deal with trials. In addition, they set precedents that should be followed by all the inferior courts and the high appellate courts. This helps in creating uniformity in the whole system of the courts.

Based on this case, the court had the option of upholding the conviction because the man was willing to buy the drugs after I approached him. He did not hesitate to produce the 20 dollars and go with the substance, so he was used to buying drugs at that spot. It also had the option of staying a prosecution rather than ruling out the evidence that was not properly obtained, as is the case with the man who was entrapped. I initiated the man’s possession of drugs, since if I had not done it he would not have fallen into the trap. The courts have often adopted staying a prosecution in relation to entrapment cases (Spencer & Spencer, 2013). The court could also decide that there was entrapment when I supplied drugs to that man since he was subjected to conditions that made him commit the crime. The judge could also refuse the application to rule out the evidence given by the court that decided the case, and dismiss the appeal raised against the judgment. Apart from upholding the conviction, the court can reverse the conviction agreeing that the man was entrapped.

In case the appellate court found the defense valid and reversed the judgment, I would be held liable civilly, on the basis that I misused the government power by leading an innocent person to commit a manufactured crime. The defendant should prove that entrapment occurred. He should prove that I, the law enforcement agent in that case, approached him and introduced that idea of buying the drugs while he did not have such a thought. He should prove that I made him commit the crime (Spencer & Spencer, 2013). The defendant should follow the objective standard and give evidence that the actions of the law enforcement would have made any other law-abiding citizen to commit a crime. He should also give evidence that he did not have an inclination to commit a crime. Then the jury must find him innocent for them to reverse the judgment.

In conclusion, the qualifications of police actions as entrapment depend on the facts of a given situation, and the objective and the subjective standards used in the case. In most cases, law enforcement has succeeded in exposing crimes in the society by using this method of entrapment.

References

Acker, J. & Irving, R. (1998). Basic legal research for criminal justice and the social sciences. Burlington, MA: Jones and Bartlett Publishers.

Spencer, M. & Spencer, J. (2013). Evidence concentrate: law revision and study guide. Oxford, OX: Oxford University Press.

Welch, C. & Fuller, J. (2013). American criminal courts: legal process and social context. Sidney: George Newnes Publishers.