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Principles and Values in Criminal Law and Criminal JusticeEssays in Honour of Andrew Ashworth$
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Lucia Zedner and Julian V. Roberts

Print publication date: 2012

Print ISBN-13: 9780199696796

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199696796.001.0001

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Exploring Entrapment

Exploring Entrapment

(p.157) 10 Exploring Entrapment
Principles and Values in Criminal Law and Criminal Justice

Mike Redmayne

Oxford University Press

Entrapment is a tactic used by law enforcement agencies whereby a person is encouraged to commit a crime so that he can be prosecuted for it. It is a controversial strategy, because the state seems to be creating the very crime that it then condemns. Courts therefore tend to control entrapment: in the United States entrapment is a defence, while in England and Wales a successful claim of entrapment will lead to a prosecution being stayed for ‘abuse of process’. This chapter explores the theory of entrapment, taking as a starting point Andrew Ashworth's writings on the topic. It largely agrees with Ashworth, both in his reaction to real and hypothetical cases and in his theorization of entrapment. But it also examines some of the finer details of his account, and asks whether it can be defended against the criticisms raised by some commentators.

Keywords:   criminal law, entrapment, Andrew Ashworth

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