Re:They Thought They Were Free: The Germans, 1933-45 (1955)
by awb on Friday November 13, 2020 @08:08PM
(#25089387)
If the FBI did that, that's entrapment and might be an eligible defense. However, if the FBI assisted or even encouraged an existing plot, then I don't think it would qualify.
> Entrapment is a practice whereby a law enforcement agent or agent of the state induces a person to commit a "crime" that the person would have otherwise been unlikely or unwilling to commit
> Depending on the law in the jurisdiction, the prosecution may be required to prove beyond a reasonable doubt that the defendant was not entrapped or the defendant may be required to prove that they were entrapped as an affirmative defense.
Re:They Thought They Were Free: The Germans, 1933-45 (1955)
by ip26 on Friday November 13, 2020 @02:27PM
(#25086352)
I'm not deeply versed in the Whitmer case, but Federal agents are supposed to follow a set of guidelines to avoid entrapment, which is what you're describing & is supposed to cause the case to be thrown out.
If the British Empire had the technology and infrastructure of today's intelligence agencies, the founding fathers would have been arrested as terrorists before they could get 10 people in a room together. There would have been some undercover agent of the Crown showing up to meetings trying to convince George Washington that they needed to go kill the king - and history would remember them all as nothing more than evil terrorists justly apprehended for plotting violence against the state.