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On Wed, 27 Jan 2010 12:57:10 -0500, Warp wrote:
> Jim Henderson <nos### [at] nospamcom> wrote:
>> If I'm a cop and I incite you to commit a crime, then it's entrapment.
>
>> If I'm a cop but you don't know it and you elect to commit a crime
>> without my urging, then it's not.
>
> You only consider two cases: Either the cop identifies himself *and*
> incites someone to commit a crime, or neither.
>
> That was not the question. The question was if a cop incites someone
> to commit a crime but does not identify himself as a police officer.
If the person is given no choice in committing the crime, then it's
entrapment. If the cop says to the second party "kill that guy or I kill
you" and then arrests the second party, that's entrapment. If the second
party has a reasonable chance of declining to participate, then it's not.
Jim
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