Entrapment: A Police Officer Doesn’t Have To Reveal His/Her Identity When Asked
Entrapment exists when the police create the crime. This takes place when the idea to commit the crime comes from the police, or someone working on their behalf. It must be shown that the accused never would have thought of committing the crime or the means of committing it if the police hadn’t suggested it. Additionally, the accused must not have been otherwise predisposed to commit the crime involved, which means that he/she wouldn't have committed this type of crime had they never met up with the police. For example, a drug dealer who is approached by a police officer who asks the dealer to sell him some cocaine is generally not being entrapped, because the drug dealer is already predisposed to committing the crime, as he is in the business of doing so.
Does the defense of entrapment exist when a police officer goes undercover and fails to reveal his/her true identity when asked? This is a common misconception as an undercover police officer is not required to reveal himself/herself when asked whether they are a police officer or not. For further information on Arizona criminal law, please visit my website at http://www.win-law.com/.
posted by Christopher Winchell, Attorney @ 8:41 AM
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1 Comments:
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Arguing a client's case before a judge or jury in a court of law is the traditional province of the barrister in England, and of advocates in some civil law jurisdictions. However, the boundary between barristers and solicitors has evolved. In England today, the barrister monopoly covers only appellate courts, and barristers must compete directly with solicitors in many trial courts. In countries like the United States that have fused legal professions, there are trial lawyers who specialize in trying cases in court, but trial lawyers do not have a de jure monopoly like barristers. In some countries, litigants have the option of arguing pro se, or on their own behalf. It is common for litigants to appear unrepresented before certain courts like small claims courts; indeed, many such courts do not allow lawyers to speak for their clients, in an effort to save money for all participants in a small case. In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer. The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, and make the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow the court down as a result of their inexperience.
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