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Re:Judge: I won't reveal witnesses because Ulbricht could ha... by _cpancake on Friday December 12, 2014 @10:20AM (#8740446)
There is no circumstance where you can be entrapped into killing someone or ordering the killing of someone.
Re:Judge: I won't reveal witnesses because Ulbricht could ha... by tptacek on Friday December 12, 2014 @10:28AM (#8740509)
I think if you go looking you'll find cases where entrapment is brought up as a defense to murder charges. The bigger issue with entrapment is that it usually requires the defendant to concede the charged crime; to say he was entrapped into ordering a murder, Ulbricht would have to surrender any defense involving him not giving that order, or believing the order was anything other than what it appeared to be.
Re:Judge: I won't reveal witnesses because Ulbricht could ha... by ceejayoz on Friday December 12, 2014 @10:28AM (#8740513)
"Do this or we will kill your family" from an undercover cop?
Re:Judge: I won't reveal witnesses because Ulbricht could ha... by akerl_ on Friday December 12, 2014 @10:46AM (#8740650)
I think you're misunderstanding what entrapment is. What you've described is blackmail.
Re:Judge: I won't reveal witnesses because Ulbricht could ha... by tptacek on Friday December 12, 2014 @11:24AM (#8740914)
No, that's the example I came up with in my head too. "Entrapment" is what happens when law enforcement coerces someone to commit a crime who was not otherwise inclined to do it. The kernel of entrapment isn't that law enforcement creates an opportunity to commit a crime, but that they accompany the opportunity with some kind of push or shove.
Re:Judge: I won't reveal witnesses because Ulbricht could ha... by ceejayoz on Friday December 12, 2014 @11:58AM (#8741182)
It's both. It'd be just blackmail if I did it to you. If I were a cop, it's additionally entrapment.
Re:Judge: I won't reveal witnesses because Ulbricht could ha... by voxic11 on Friday December 12, 2014 @01:57PM (#8741984)
What about if you were caught committing a crime and a detective told you you had to help in a sting operation if you wanted to avoid chargers. In the sing operation you are told to solicit a hit from a suspected hitman. which you do and then are promptly arrested for conspiracy to commit murder. Do you think entrapment should not be a defense in this case? I am pretty sure it's the exact kind of situation the defense is intended to be used in.