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"I was tempted" is generally not considered a legal defense if you commit a crime. What difference does it make if the police created the particular temptation
by rainsford 2y ago
"I was tempted" is generally not considered a legal defense if you commit a crime. What difference does it make if the police created the particular temptation? If the person in your example stole a non-bait car where the owner was just careless about leaving their keys inside, that's still a crime right? How does the police creating a similar situation change the legal facts at all?
Entrapment debates are also a pretty good opportunity to apply the average person heuristic. Would the average person likely steal a car if they saw the keys sitting inside? Probably not, so someone who would do that is arguably predisposed to committing the crime if presented with the opportunity.
Now there's a very valid argument to be had about whether or not it's a good use of police time trying to catch lazy criminals (i.e. those that are willing to commit a crime but only when it's super easy). But that's a police policy discussion, not a legal defense. The criminals in those situations still deserve to be charged.