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Class 8.doc

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LAWS 2302
Mike Smith

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Criminal LawMarch 12 2012Class 8Justifications and excuses Entrapmentno section in the codeCommon law defence not codified Dissuade police from acting badly Agents of the state and how they conduct selvesAgents can not elicit crime or encourage others to commit crimeEntrapmentpolice conduct getting someone to do something illegal they wouldnt normally do Only applies to agents of the stateDefenceDoesnt happen often Most often happens in drug cases undercover police officers Beyond the use of decoys spies and informers and instead encourage or pressure person into committing crime to secure arrestCourts must look to see if the conduct of the police officer is giving rise to the police abusing the court processare they abusing it in the form of manner In the way of putting themselves in this situation are they abusing the power to abuse the offenceOn the subjective standard the courts must look at the accused
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