The police entrapment process is carried out following two tests. The tests include those that are administered by courts in specific states and federal courts. The approaches are aimed at propounding the ends of justice. Entrapment has been advanced over time based on case laws instead of statutory provisions. The subjective test is aimed at assessing the state of mind of individuals critically. The test has been used majorly state and federal courts. The test focuses on the individual mind before the court during the trial process. The objective is to enable the suspect to show the responsibility of the state in motivating his commission of a crime. Following this, the state bears the burden of proving the crime and showing in uncertain terms beyond reasonable doubts.
The judges rely on the test of proof in order to release a criminal due to lack of evidence that surpasses reasonable doubt or to convict a criminal. The objective test on the other hand does not consider the motivating factors behind individual actions. The test observes the actions of the state regarding the occurrence of the offence and subsequent occurrences. The court analyses the actions of the police considering the matter and its omission or commission. In the test, the offender bears the burden of proof instead of the state through the prosecution.
The second test is the objective test. In this test, the individual actions or motivating factors are not considered. The test looks at the actions of the state more regarding the offence and subsequent occurrence. The court scrutinizes the actions of the police regarding the matter and its commission or omission. In the objective test, the burden of proof is entirely on the offender, rather than the state through the prosecution.
Samaha, J. (2012). Criminal procedure. Belmont, CA: Thomson Wadsworth. Terrill, W. (2001). Police coercion: Application of the force continuum. New York: LFB Scholarly Publishing LLC.
Terrill, W. (2001). Police coercion: Application of the force continuum. New York: LFB Scholarly Publishing LLC.
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