![]() Police conduct that can lead to an entrapment defence can include harassment, placing the individual under significant and persistent pressure, or coaxing them to commit an offence. The result of a stay of proceedings is that the case against you cannot proceed, no guilty conviction is entered against you, and the incident does not appear on your criminal record. When entrapment is proven, the defendant is entitled to a stay of proceedings. The rationale behind the legal defence of entrapment in criminal law is that when law enforcement engages in this type of misconduct, it undermines society’s sense of decency and justice, threatens the rule of law, and amounts to an abuse of the legal process. When police tempt someone into committing a criminal offence without a reasonable suspicion that the person is involved in criminal activity, or when they go a step further and induce someone into committing a criminal offence, they commit entrapment. Entrapment occurs when a police officer or police agent provokes, entices, or coerces an individual into committing a crime they would otherwise have been unlikely to commit. The investigation described in this video went on for about two and a half years, but FBI Special Agent Jack Garcia spent approximately 22 of his 26 years in the FBI working in UC roles.Entrapment is a legal remedy to criminal charges in Canada based on the conduct of the police before or during their interaction with the accused. The feds have the resources to do it right-use a UC who has no known associates in the area where he's working, fly him out of the area occasionally when he needs a break or a debrief, provide almost unlimited support for the persona. This is especially true in smaller communities, where anyone from the immediate area is likely to be known by someone in the targeted group.įederal-level UC operations can go on for years. Occasionally, an agency will bring in an officer from another city or even another state to work as a UC. Local law enforcement UC operations generally last only a few months, at most, because of the cost and complexity of the effort. UCs who are "under" for prolonged periods-years, sometimes-often need psychological counseling to deal with the conflict. When the time comes that you have to betray their trust and take part in their undoing, there is a real sense of betrayal. Spend enough time with people who like and trust you, doing what they do, and you're likely to develop some affection for them, even though what they do goes against your moral principles. If the officer is later called to testify in court, an episode of narcotics use can reduce or destroy his credibility as a witness.Īn ideal UC is an amiable type who makes friends easily. Narcotics use must be strictly avoided, not only because of its illegality, but because the officer is as subject to becoming addicted as is anyone else. ![]() If he anticipates having to take part in a crime, the activity has to be approved in advance. The UC constantly walks a fine line because he is not supposed to break the law while working in the UC role. This can happen anywhere, of course, but the closer you are to home, the more likely it is to happen to you. Imagine sitting at a bar, talking with a criminal who believes you are a crook just like him, when a former high school classmate walks up and addresses you in your real name, asking if you are still with the cops. This saves money, but it invites special risk. Some agencies use UC officers in the same communities where they've grown up or worked as regular officers. He may have a complete criminal history, credit report and other background data established in the UC persona. He lives at a UC residence, contacts his agency only through his handler (whom he sees infrequently), and has a wallet full of identification and credit cards (assuming his role would have these) in his UC identify. He doesn't carry any police credentials, and carries a gun only when the role he is playing calls for it. In a true undercover role, the law enforcement officer divorces himself from his true persona. Account icon An icon in the shape of a person's head and shoulders.
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