The main factor that exemplifies entrapment in this case is the persistence. As mentioned earlier, it was shown in Mr. Jacobson’s defense that the government’s surveys and mailings continued on for over two years, often without response. Referring back to Sherman v. U.S the court had stated that law enforcement should not manufacture crime but prevent it from occurring. This exemplifies the root of the controversy. Hypothetically, what if the government did not make Mr. Jacobson a target of their sting operation? In this scenario Mr. Jacobson still purchased the Bare Boys magazine, which flagged officials, and as time passed the authorities realized that Keith Jacobson was frequently buying child pornography. In this situation, the violation …show more content…
Richard Russell, John Connolly and Patrick Connolly were accused of manufacturing and selling methamphetamine, which was referred to as ‘speed’ (“United States v. Russell”). In December of 1969, Joseph Shapiro, a member of the Bureau of Narcotics and Dangerous Drugs, met with the three men. He went undercover and explained to them that he was looking to ‘make it big’ in the business. He promised the men that he could supply them with a chemical that is necessary to the production referred to as phenyl-2-propane (“United States v. Russell”). Shapiro said that in return he wanted to yield half of the product that contained the chemical he was offering. The chemical he was offering was legal but at the same time it was difficult to acquire. The men eventually agreed to Shapiro’s offer, which led to Russell’s arrest. He argued that he had been arrested on the basis of entrapment. During his trial the jury found Russell guilty. Conversely, the Court of Appeals did not agree with the ruling. They found, “that there had been ‘an intolerable degree of governmental participation in the criminal enterprise’”(“United States v. …show more content…
This was the question asked in the case Mathews v. United States in 1988. The defendant, an employee of the Small Business Administration (SBA), was the contact for James DeShazer, the president of a company, which participated in the SBA (“Mathews v. United States”). DeShazer believed that he was not being provided with all of the benefits of the program, so he worked together with the FBI to request a loan from the defendant, attached to a bribe. The defendant agreed to these conditions and met up with DeShazer to exchange the money. The defendant was immediately arrested on a federal offense for accepting a bribe in exchange for an official act (“Mathews v. United States”). The defendant asked for an entrapment defense but the Court struck down his motion because the defendant would not agree to all the elements, and the Judged ruled that the jury would not hear an instruction of
For purposes of entrapment defense, a defendant’s conduct is the product of a law enforcement officer when the officer plays a direct role in influencing the defendant to engage in the conduct through an explicit order. Albaugh v. Ind., 721 N.E.2d 1233 (Ind. 1999).
Ethics is “a branch of philosophy concerned with the study of questions of right and wrong and how we ought to live” (Banks, 2013). Also it involves making moral judgments about what is right and or wrong, good or bad. In the process of everyday life, moral rules are desirable, not because they express absolute truth, but because they are generally reliable guides for normal circumstances. Ethics or moral conduct, are of major importance in the criminal justice field today. If the police force condoned unethical behavior, there would be very little, if any, justice being served. A system of rules and principles helps to guide in making difficult decisions when moral issues arise. Ethics has been shown to be a central component in decisions involving ethical dilemmas. It is “concerned with standards of conduct and with “how I ought to act”, and standards of conduct may vary among different societies” (Banks, 2013). An ethical dilemma arises only when a decision must be made that involves a conflict at the personal, interpersonal, institutional, or societal level or raises issues of moral character. Richard Hare argues that we initially use an intuitive level of moral thinking when we consider ethical dilemma. There are “six steps in analyzing an ethical dilemma and they would be as follow” (NASW, 2014):
Reward power in Detective Doe’s case is very complicated because of the harm extrinsic rewards can have on a person’s intrinsic motivations (Vansteenkiste et al. 2006). Intrinsic motivation is key in Detective Doe’s line of work because many of the people who join the NYPD do so out of a sense of wanting to give back and help communities. By adding more extrinsic rewards or forms of compensation this will take away from the fulfillment of a task and the interest of it as well (Deci 1972). By keeping a focus on the intrinsic rewards and overall satisfaction of police work Detective Doe is able to properly influence and motivate his followers.
In the case of Katz v. The United States the petitioner Mr. Charles Katz was arrested in 1976 for an eight counts of transmission of wagering information from Los Angeles to bookies in both Boston and Miami. In order to gain evidence the FBI placed the man in question under surveillance, later in the investigation after determining the schedule and location in which Katz would consistently place his calls, the investigators attached an electronic listening device on the outside of the public phone booth in order to record his conversations. After six days of monitoring the booth and with sufficient evidence collected, the FBI had Charles placed under arrest and eventually processed through the lower courts. Once charged for his crimes the argument of whether the evidence, the recordings, provided had in fact been obtained illegally by FBI. As the listening device used to eavesdrop had been placed what would be considered to be a “private” area without a warrant permitting there intrusion and subsequent “search and seizure” of evidence ...
Prisoner security categories are used as an assessment system to assign convicts to a category that is appropriate for their crime and/or for the safety of the public. There are four categories, each with their own criteria. The category a prisoner falls under depends on the nature of their crimes along with the potential danger to the community if they were to abscond from the prison . A convict’s category will be assessed once they first enter prison, the assessors within the prison service will consider the inmates likelihood of inflicting harm upon themselves or others. These categories are for prisoners who have been deemed mentally or physically able. These categories fall in to one of two prison types; open or closed prisons. Open prisons are institutions where prisoners have more freedoms and are able to move freely around their settings, prisoners will only be placed in Open Prisons if staff considers them as trustworthy. Lastly, closed prisons are considerably more secure and inmates must follow a strict schedule.
The “War on Cocaine” has been trying to fight a battle on two fronts. The first objective of the American government is to deter the consumer from using illegal products. The genesis of punishment against users is sited in the 1914 Harrison Act, in which addicts and others that possessed drugs were punished for buying or possessing cocaine or heroin without a prescription (Bertram, 26). This act began a trend that still today allows law enforcement to arrest the user along with the supplier. The supplier (drug trafficker) is the key in this type of police action, because most of the time the user will be unaware of the exact origin of the substance or have any knowledge as to where it was purchased or manufactured. The main problem with this type of arrest is that 70 to 75 percent of the narcotic arrests per year are for possession and only 25 to 30 percent are for actual drug trafficking offenses. Although the user should not be overlooked, a greater emphasis ought to be focused on the supplier in order to reach the actual manufacturer of the illegal substances.
The forms of bribery and embezzlement have been around longer than dirt. The earliest white-collar crime, that was documented, dates back to the 15th century in England. The law was forced upon society in 1473 in response to embezzlement, or also recognized as the Carrier’s Case. In this situation, a wool representative gave a man his trust in transporting. Unfortunately, the man ended up attempting to steal some of the wool for himself. Although, these terms were known around this time, the concept of the crime wasn’t well understood until around the 20th century ("History of White-Collar Crime”).
In Tulia, TX, a five hour drive from Dallas, 46 people were swept up in an early morning drug sting in July of 1999. Thirty-nine of the suspects were black in that tiny, predominantly white town. They represented roughly 20% of the town’s adult black population. The drug sting was the culmination of an 18 month undercover investigation by a narcotics agent, Tom Coleman. He had been hired as part of a federal anti-drug program funded by the U.S. Department of Justice, Byrne grant. The local newspapers labelled these suspects as “scumbags” and, based upon a tip from the local authorities, captured video footage of the perp walk as these people were paraded disheveled in their underwear to jail. As a result of such a high profile bust, Coleman was recognized as the Texas Lawman of the Year by the state’s Attorney General in
Bribery occurs when money, services, goods, information, or anything else of value is offered with intent to influence a person’s actions, decisions, or opinions of the accuser. Charges can be brought against an individual, whether they offered the bribe or accept it. Bribery and public corruption cases frequently make headlines new stories daily. Bribes can take the forms of gifts or payments of money in exchange for favorable treatment like awards of government contracts (Mince-Didler, n.d.). Government officials tend to gain a huge incentive with bribery while serving their term. Other forms of bribes may include privileges, services, various goods, property and favors. Bribes are always intended to influence or alter the actions of individuals with political and public corruption (Mince-Didler, n.d.).
Illicit drug use and the debate surrounding the various legal options available to the government in an effort to curtail it is nothing new to America. Since the enactment of the Harrison Narcotic Act in 1914 (Erowid) the public has struggled with how to effectively deal with this phenomena, from catching individual users to deciding what to do with those who are convicted (DEA). Complicating the issue further is the ever-expanding list of substances available for abuse. Some are concocted in basements or bathtubs by drug addicts themselves, some in the labs of multinational pharmaceutical companies, and still others are just old compounds waiting for society to discover them.
The research study is to describe how there are more African Americans in prison than any other race Whether it is African American men or women in the prison African Americans are still the leading race inside the prison system. Based upon the research I was setting out to prove that African Americans were the leading race in the prison systems, but sometimes people don’t always understand why or how some people economic status and education can play a hug part on where the direction of their lives take them. The main in this study was to determine if African Americans are the leading race in the prison system. So I set out to find out if “there are more African Americans from ages eighteen thru thirty are in prison at a greater percentage than White or Hispanics”. Imprisonment was and still is a form of criminal punishment that became well known in the United States after the American Revolution.
The question of why bribery is illegal in the first place is fundamental to the discussion of its practice and legality. Foremost, it can be considered wrong in terms of normative ethics, both deontologically and teleologically. Teleological ethics holds that the outcome of an action is the determining factor in whether or not it is moral. Should bribery create economic distortions resulting in suboptimal development in the aggregate, it would be economically beneficial in the long run to criminalise bribery. Therefore, application of a consequentialist view asserts that bribery, in being detrimental to the economy, i...
It is important to keep in mind that not all police officers are bad, just like not all accountants or lawyers are bad. Police officers have constant contact with all kinds of individuals and with the opportunities that are available; corruption is one type of fraud that police officers may commit. Bribery is a type of corruption, which is stated as “public officials and private persons, respectively, abusing entrusted power for personal gain”(Boles, 2014). In other words bribery can also be described as conjuring a payment to an individual so that the paying party has some unfair advantage (Rohlfsen, 2012). This essay is going to focus on cases of police officers that have accepted bribes to protect illegal operations such solicitation and prostitution in the United
To start with, the term ‘bribe’ implies one person’s (firm, company, etc.) act with giving gifts (which can be described as money, some luxurious foods, documents, entertainment, or other) to another person to make everyone better off. This act is illegal since those gifts are given frequently under the law: one person wants to achieve his or her own profit by escaping some measurements that are not allowed in this case.
The existence of bribery and unethical behavior is rampant in the world market and may not change overnight. The question of bribery has been distilled in business literature as a question of ethics. In this situation at the airport with the customs officer, it is important to distinguish between business ethics and personal ethics. In a business ethics situation, the Foreign Corruption Practices Act would prohibit offering any bribe to the custom office – for example to free a shipment of goods that was lost in red tape (Pitman & Sanford, 2006). Most companies also have policies against bribery as well. In this situation, however the main issue at hand is that of personal ethics. When in a situation where your company is unknown and there is no business being conducted, normal business ethics and laws (including FCPA) do not apply only personal ethical standards.