I address the question, ‘Should a retributivist support an entrapment defense and if so, under what circumstances?’, by considering the culpability of entrapped defendants. An entrapment defense is invoked by defendants who claim they violated the law because they were enticed to crime by the police and would not otherwise have committed the crime. There are different rationales for the defense: people who are normally law abiding, and who are not predisposed to commit crimes, do not commit crimes (...) merely when the opportunity is presented, without further coaxing—only criminals do—and so spending resources to entice and then punish such “false criminals” is wasteful from a utilitarian perspective. Several theorists assume retributivists must oppose the defense: entrapped defendants have broken the law and, according to one version of retributivism (Mabbott), this itself might warrant punishment; they are still culpable although they were enticed, because succumbing to temptation is no defense—there is no ‘private entrapment defense’; and to not punish the non-predisposed who are enticed to crime by government, while punishing those who are predisposed, is wrongly to assert that a person’s culpability hinges on their predisposition and wrongly to punish someone not for their present conduct but for their character or past actions. I explore some reasons why a retributivist can support an entrapment defense. First, entrapped defendants may be less culpable than the privately enticed insofar as they do not cause harm. As police control the situation, no actual harm is caused, and whether one actually causes harm may bear on one’s culpability; and if one’s predisposition was weak and required substantial police coaxing to be triggered, we might say that the police action and not the defendant caused the crime in the relevant sense. Second, applying Robert Nozick’s account of coercion in a novel way, I consider the argument that entrapped defendants may be less culpable insofar as their action was not fully voluntary, in that unlike in private enticement cases, they necessarily underestimate the probability of being caught before making their choice. (shrink)

We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of (...) intentional temptation and why these, in turn, are more ethically objectionable than like acts of virtue testing. Along the way, we scrutinize, and eventually reject, the view that acts of entrapment are ethically unacceptable because intentional temptation is involved in entrapment. (shrink)

Internet stings to catch child molesters raise problems for popular tests of entrapment that focus on causation, initiative, counterfactuals, and subjective predisposition. An objective test of entrapment works better in the context of the Internet. The best form of objective test is determined by consequences of drawing a line at various places. This approach allows some Internet stings but counts other stings as entrapment when they go too far.

We discuss how the law and scholars have approached three questions. First, what acts count as acts of entrapment? Secondly, is entrapment a permissible method of law-enforcement and, if so, in what circumstances? Thirdly, what must criminal courts do, in response to the finding that an offence was brought about by an act of entrapment, in order to deliver justice? While noting the contrary tendency, we suggest that the first question should be addressed in a manner that (...) is neutral about the answers to the other two. On the second question, we summarize various arguments about the permissibility of entrapment, while remaining largely neutral about their merits. With regard to the third question, we summarize the approaches to entrapment in various jurisdictions, and we note some patterns, across the jurisdictions here surveyed, concerning shifts from one sort of entrapment remedy to another. (shrink)

The entrapment defense is a puzzle of long standing. One the one hand, we are offended by the government’s subjecting someone vulnerable to extreme temptation. It seems like something anyone might fall prey to. On the other hand, it is hard to explain why someone who actually commits, or attempts a crime, and who would be liable if anyone other than the government had tempted him, should escape punishment. His blameworthiness seems the same. This essay seeks to illuminate this (...) puzzle by showing how it parallels the long-standing debate surrounding the criminal law problem of the actio libera in causa—situations in which someone seeks to escape liability by contriving to put a certain defense in place, such as provoking his victim into attacking him, so that he can then kill him in self-defense. The parallels between the two problems do not serve to resolve either, but make them appear in a rather different light. (shrink)

In this paper, I offer a novel account of entrapment. This account suggests that the wrongness of pursuing punishment in cases of entrapment consists of two distinct components, one concerning the culpability of the entrapped defendant and the other concerning the legitimacy of the entrapping state to prosecute crimes that it has effectively created. Distinguishing these two components of entrapment, I explain, helps to clarify the moral issues at stake and to resolve some confusions and debates in (...) existing legal analyses of entrapment. (shrink)

This Article offers an integrated analysis of the combined effect of the presence of migration bans and the absence of BLAs in domestic work in the emigration regime of Nepal. It identifies, acknowledges, critiques, and contributes to the critical literature highlighting entrapment processes in labor relations and immigration regimes by demonstrating the presence of such in the emigration regime. Drawing on the empirical findings of a participatory action research project conducted in Nepal, the Article demonstrates how restrictive emigration policies (...) and practices entail entrapment processes constitutive of the existing historical, cultural, gendered, racialized, and classed constraints impacting the lives of Nepalese citizens. The Article contributes to the critical literature that seeks to advance migrants’ rights, arguing that experiencing, encountering and escaping entrapment processes in the emigration regime impacts their agency when navigating immigration regimes and labor relations. This contribution advances the existing efforts to establish oft-ignored emigration regimes as important epistemological sites of research, theorization, and intervention. (shrink)

Adult-based suicide theories have determined much of what we know about suicidal ideation. Here, we investigate the extent to which elements of theIntegrated Motivational-Volitional(IMV) model generalize to adolescence, a period when rates of suicidal ideation increase dramatically. In a sample of community-based adolescents (n= 74), we tested whether defeat and entrapment related to suicidal ideation, and whether poor positive future thinking abilities exacerbated this association. Consistent with the IMV model, we found that defeat/entrapment was associated specifically with history (...) of suicidal ideation, and not with history of suicide attempt. Defeat/entrapment was related to baseline suicidal ideation severity above and beyond depressive symptoms. While defeat/entrapment predicted future suicidal ideation controlling for history of ideation, it did not do so controlling for depressive symptoms. Counter to the IMV model, we initially found that the association between defeat/entrapment and suicidal ideation was strongest among adolescents withgreaterpositive future thinking abilities. This was driven by the tendency to imagine more positive future events, particularly those that are less realistic and achievable. These findings call for a more nuanced understanding of defeat/entrapment and positive future thinking among adolescents, particularly in how they interact to predict recurrent suicidal ideation. (shrink)

This article refers to the analysis of types of entrapment while gathering evidence in criminal proceedings. Based on the analysis of the laws of criminal procedure, theory and judicial practice, one could say that entrapment, as absolutely impermissible action in the course of simulation of a criminal act, could not be seen as mere pressure, active enticement or instigation to engage in criminal activity by restricting a person’s freedom of choice. As it happens, it is possible to provoke (...) a person without any active enticement or instigation to engage in criminal activity. This could be regarded as passive, indirect type of entrapment. The gist of the latter – creating the effect of minimum risk, meaning that a person, without any active enticement or instigation to engage in criminal activity, is acting in the course of a simulated situation, by thinking that the criminal activity he or she is committing will never be discovered by law enforcement authorities. The identification of passive entrapment is quite complicated, as it requires the precise assessment of the relation between the conduct of law enforcement authorities, the criminal and the criminal act, by using subjective and objective criteria. (shrink)

Why is wrong to punish criminals who have been entrapped by the state? The paper begins by presenting some criticisms of existing answers to this question. First, they fail to put the target, or victim, of entrapment at the centre of the moral explanation. Second, they fail to account for the intuitive relation between the reasons not to entrap and the reasons not to punish. Third, they struggle to account for the existence of agent-neutral reasons not to punish entrapped (...) offenders. Lastly, they are ill-equipped to explain why entrapment seems problematic also outside the legal context. In response, the paper develops a novel account of entrapment: the Manipulation Account. According to this, entrapment always involves a particular kind of manipulation (manipulation-by-hidden-intentions) which morally taints punishment. In short, I suggest that both the initial entrapment and the subsequent punishment involve wrongful manipulation. Lastly, the paper presents some untraditional, but ultimately welcoming, implications of the account. (shrink)

Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of (...) legal entrapment to commit a crime that possess this neutrality. We point out some problems with the extensional correctness of these definitions and propose a new definition that resolves these problems. We then extend our definition to provide a more general definition of entrapment, encompassing both civil and legal cases. Our definition is, we believe, closer to being extensionally correct and will, we hope, provide a clearer basis for future discussions about the ethics of entrapment than do the definitions upon which it improves. (shrink)

Dateline NBC’s “To Catch a Predator”(2006-08) involved NBC staff working with police and a watchdog group called “Perverted Justice” to televise “special intensity” arrests of men who were lured into meeting adult decoys posing as young children, presumably for a sexual encounter. As reality television, “To Catch a Predator” facilitates public shaming of those caught in front of the cameras, which distinguishes it from fictional representations. In one case, a Texas District Attorney, Louis Conradt, shot himself on film, unable to (...) bear the public humiliation of cameras airing his arrest. The show engenders conflicting responses: Did the show fulfill a public service by informing the public about real dangers and deterring potential predators, or was it an insensitive effort to garner ratings by taking advantage of human weaknesses? Is the sort of public shaming it imposes an appropriate form of punishment given the legitimate purposes of punishment? Did the show portray justice, or did it entrap victims? How did NBC’s working relationship with local police bear on the answer to that question? This paper addresses these questions and develops three objections to the show: that NBC in effect metes out unjust punishment; that it invades privacy; and that it entraps. (shrink)

Drones deployed to monitor endangered species often crash. These crashes teach us that using drones for conservation is a contingent practice ensnaring humans, technologies, and animals. This article advances a crash theory in which pilots, conservation drones, and endangered megafauna are relata, or related actants, that intra-act, cocreating each other and a mutually constituted phenomena. These phenomena are entangled, with either reciprocal dependencies or erosive entrapments. The crashing of conservation drones and endangered species requires an ethics of care, repair, or (...) reworlding. Diffractions, disruptions that expose difference, result from crashes and reveal the precarious manner by which technologies, laws, and discourses bring nature and culture together. To support crash theory, this article presents three ethnographic cases. A drone crash in the United Kingdom near white rhinoceroses while building machine learning training data exhibits the involvement of the electromagnetic spectrum; the threat of crashes in the Pacific Northwest near Puget Sound orcas discloses the impacts of drone laws; and drone crashes in Sri Lanka among Asian elephants presents the problems of technoliberal ideals around programming natural worlds. Throughout the article, a methodology is developed, parallelism, which attends to the material similarities in lateral phenomena. (shrink)

Proactive law enforcement techniques such as sting operations sometimes go too far, resulting in innocent people being "entrapped" into committing crime. Fortunately, the criminal law recognizes entrapment as a defense to a criminal charge. There is, however, much confusion about entrapment. In this paper I argue that this confusion is a result of misunderstanding the _moral status of entrapment. Since all proactive law enforcement violates the autonomy of those subject to it, it undermines moral agency and criminal (...) liability. Although this is sometimes justifiable, proactive law enforcement that does so in a way that constitutes entrapment is not. (shrink)

Entrapment is defined and distinguished from related law enforcement practices. The subjective test of entrapment formulated by the Supreme Court and the objective test proposed by critics are discussed and evaluated. The argument is advanced that entrapment is a morally unjustifiable practice which is inconsistent with the rights of citizens in a democratic society. Guidelines are proposed for governing police conduct in potential entrapment situations and suggestions made regarding ways these guidelines might be implemented.

More than 95 per cent of criminal convictions in the USA never go to trial, as the vast majority of defendants forfeit their constitutional rights to due process in the pervasive practice of plea bargaining. This article analyses the relationship between American mass incarceration and this mass forfeiture of procedural justice by situating the practice of plea bargaining in the normative framework drawn by recent Supreme Court rulings and the proliferation of criminal statutes, including mandatory minimum sentencing legislation. Looking at (...) systemic racial disparities in sentence severity and incarceration rates for otherwise similarly situated defendants, I argue that, rather than a voluntary waiver of constitutional rights, this mass forfeiture of due process rights ought to be conceptualized as the product of an entrenched system of procedural entrapment. Such entrapment, I argue, ought to be abolished not only on grounds of procedural injustice, but because the practice refashions rather than redresses forms of racial domination derived from prior eras. The article concludes by exploring the tactic of mass conscientious plea refusal through the collectively organized assertion of constitutional due process rights as a strategy of resisting mass incarceration. (shrink)

In R v Looseley; Attorney General’s Reference (No. 3 of 2000) the House of Lords articulated a legal framework to govern ‘entrapment’ in criminal cases. Their Lordships regarded the need for judicial intervention to assist entrapped defendants as uncontroversial. This article argues that the doctrine they set out, in fact, necessitates substantial, and largely unarticulated, departures from principles the courts ordinarily stress as fundamental to the criminal law. In particular, entrapment doctrine determines liability for criminal acts by reference (...) to the kind of environment inhabited by their perpetrators, a perspective the law ordinarily attempts to exclude. This article suggests that the anomalous treatment of entrapment can be understood as a device to prevent the police from relocating the temptation to commit crime to environments in which they are not ordinarily confronted and to ensure that those from backgrounds in which serious criminality is not usually a plausible option will escape punishment if tempted to commit crime by the police. (shrink)

Jeffrey Howard has recently argued that entrapment and similar phenomena are wrongful - and wrong the induced agent - because they violate a regulative obligation of respect for the first moral power According to Howard, this obligation grounds a duty not to foreseeably increase the likelihood that another agent acts wrongly While I accept the existence of the more fundamental obligation, I try to show that it doesn't support DUTY. Therefore, it doesn't support the wrongfulness of entrapment and (...) similar phenomena. I do this by offering a more nuanced account of FMP's value, and one more attuned to certain liberal thoughts about agency. I then suggest a fairly minimalist picture of what respect for FMP involves, but close in a constructive spirit by sketching an alternative argument for DUTY based on the telos of FMP. (shrink)

The use of ‘proactive’ methods of newsgathering in journalism is very frequently condemned, from within and without the media. I argue that such condemnation is too hasty. In the first half of the paper, I develop a test which distinguishes between legitimate and illegitimate uses of proactive methods by law enforcement agencies. This test combines the virtues of the standard objective and subjective tests usually used, while avoiding the defects of both. I argue that when proactive methods pass this test, (...) they are always legitimate; but that in addition they are sometimes mandatory. In the second half, I apply this test to journalism. I show that actual uses of proactive methods by journalists pass the test, and are therefore (at least) permissible. There are other ethical considerations which are relevant to the use of such techniques by journalists, which ought to be taken into account before it is decided to employ such methods, but I show that they are rarely of sufficient weight to render proactive newsgathering impermissible. (shrink)

Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection (...) asserts that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes. (shrink)

Essay on philosophical problems with police sting operations and the legal doctrine of entrapment.

Defendants who are being tried for accepting a temptation issued by the government sometimes employ the entrapment defense. Acquittal of some of them is thought to be justified either on the grounds that culpability was undermined by the temptation or on the grounds that the government acted objectionably in issuing the temptation . Advocates of the objective approach often criticize those who employ the subjective by citing what is here called “the problem of private entrapment”: we don’t grant (...) a defense to those who accept temptations issued by private parties, and so it can’t be, it is claimed, that temptation undermines culpability. This paper argues that there is a difference in culpability between a defendant who accepts a government-issued temptation and a defendant who accepts a temptation issued by a private party. This claim is supported by identifying a necessary condition for desert of legal punishment and arguing that the privately entrapped satisfy that condition while the governmentally entrapped do not. The difference, it is argued, is rooted in the fact that the government aims to cause the defendant to act illegally, while private parties, except in extraordinary cases, aim only to cause the defendant to act in a way that happens to be illegal. The paper also argues that, despite appearances to the contrary, advocates of the objective approach also encounter the problem of private entrapment. (shrink)

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a (...) crime. Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

This article reports the effects of gender proportions on the task activity and socioemotional participation of men and women in 85 four-person, decision-making groups. The analysis focuses on the changes in the highest and lowest levels of male and female participation. Results show that role entrapment occurs for both male and female numerical minorities. Role entrapment is a function of conformity to gender expectations rather than gender-role exaggeration, and is not limited to the extreme of the token. Both (...) men and women were affected by decreased numbers, but the effects were to the advantage of the men and to the disadvantage of the women. (shrink)

Matt Mortellaro’s “Causation and Responsibility: A New Direction” is a brilliant Rothbardian analysis that makes numerous new and important points. It also critiques some of my own previous publications. In this piece I focus on Mortellaro’s rejoinders to me, and set forth a defense of my own positions.

The importance of patients taking an active role in their healthcare is recognized internationally, to improve safety and effectiveness in practice. There is still, however, some ambiguity about the conceptualization of that patient role; it is referred to interchangeably in the literature as engagement, involvement, and participation. The aim of this discussion paper is to examine and conceptualize the concepts of patient engagement, involvement, and participation within healthcare, particularly nursing. The concepts were found to have semantic differences and similarities, although, (...) from a nursing perspective, they can be summoned to illustrate the establishment of a mutual partnership between a patient and a nurse. The individualization of such processes requires the joint effort of engagement, involvement, or participation, represented by interactive actions of both the patient (asking questions, telling/speaking up, knowledge acquisition, learning, and decision‐making) and the nurse (recognizing, responding, information sharing, teaching, and collaborating). Suggesting that the concepts can be used interchangeably comes with some caution, requiring that nurses embrace patients playing a role in their health and healthcare. Further research and practice development should focus on how patients and nurses receive and respond to each other to establish patient engagement, involvement, and participation. (shrink)

The traditional fallacy of many questions, also known as the fallacy of complex question, illustrated by the question, "Have you stopped sexually harassing your students?", has been known since ancient times, but is still alive and well. What is of practical importance about this fallacy is that it represents a tactic of entrapment that is very common in everyday argumentation, as well as in special kinds of argumentation like that in a legal trial or a parliamentary debate. The tactic (...) combines the use of loaded questions with the complexity of the question. A key notion is that of the presupposition of the question. How to deal with such questions is a point of departure for interrogative theory, and for any attempts to construct formal dialogues of a kind that can be used as normative models of argumentation. (shrink)

Calls to decolonise the curriculum gain traction across the academe. To a great extent, the movement echoes demands of the decolonisation era itself, a period from which academics draw both impetus and legitimacy. In this article, we examine the movement’s purchase when applied to the teaching of international law. We argue that the movement reinvigorates debates about the origins of international law, centring its violent foundations as well as its Eurocentric episteme. Yet, like many critical approaches toward international law, the (...) movement is smitten with itself and with the regime. As a consequence, the outcome of its activism and critique is predetermined: both must redeem the Eurocentrism of international law and its associated pedagogy. Calls to decolonise the curriculum ultimately validate the epistemological limitations inherent to a stratified, international order, failing to offer a genuine alternative framework or epistemology. (shrink)

The present study poses a simple question, namely, what are the specific forces that might at times hinder rather than advance individual moral development? To answer this inquiry, I will investigate the writings of Kierkegaard and Dostoevsky, examining the two aesthetic protagonists found in their works—Johannes the Seducer and Dmitri Karamazov. I will utilise the Kierkegaardian framework of the three existential stages to illustrate that it is an over-reliance on gratification, coupled with an instrumental approach towards beings that not only (...) prevents these two aesthetes from behaving morally, but also from even recognising the ethical perspective as a viable existential position. (shrink)