There are good reasons 'entrapment' is banned. Especially in the context of subversive political groups and government infiltrators.Joun_Lord wrote:I think that gets in the the territory of like when the FBI needles some extremist into a plot, gives them the materials (hopefully always inert) to build a bomb, and then arrests the fuckers, something like the 2009 Bronx terrorism plot. The argument has been put forward that its an FBI plot, that the extremists morons would have just remained extremist morons but non-violent ones without the FBI pushing them into it.
Of course the persons still attempted to commit a crime, wannabe Jihadists or right wing rednecks still tried to blow up whatever even if the bomb was a dud, they did that of their own free will. But after plenty of pushing and incentivizing by the big bad gubmint to do so.
See, a lot of tyrannical governments have secret police who try to subvert peaceful opposition to the tyrant. One way they do this (while keeping up a pretense of lawful government) is by goading them into becoming violent opposition, then arresting them for the violent crimes. There's a reason agent provocateur is a term that dates back to the 1800s or earlier.
Furthermore, entrapment can be a highly effective way to "get" an otherwise innocent person, by artificially creating a situation that will cause a person to commit a crime they would otherwise not have committed.
For example, an undercover police officer posing as a prostitute and arresting someone who solicits them for sex is fine. But an undercover police officer who goes out of their way to seduce someone, then asks for money, is effectively creating the opportunity for the crime and incentivizing the target to commit it. This could fairly easily be used as a way to blackmail someone, or to trump up criminal charges, in the case of people the police cannot otherwise "get."
Similar strategies could be used to "get" a person for fraud, corruption, political subversion, and so forth.