Entrapment

“ Furthermore, a test that looks to the character and predisposition of the defendant rather than the conduct of the police loses sight of the underlying reason for the defense of entrapment. No matter what the defendant's past record and present inclinations to criminality, or the depths to which he has sunk in the estimation of society, certain police conduct to ensnare him into further crime is not to be tolerated by an advanced society. ”

“ It draws directly on the fundamental intuition that led in the first instance to the outlawing of 'entrapment' as a prosecutorial instrument. The power of government is abused and directed to an end for which it was not constituted when employed to promote rather than detect crime and to bring about the downfall of those who, left to themselves, might well have obeyed the law. ”

“ United States, 287 U.S. 435, 53 S.Ct. 210, 77 L.Ed. 413, this Court firmly recognized the defense of entrapment in the federal courts. The intervening years have in no way detracted from the principles underlying that decision. The function of law enforcement is the prevention of crime and the apprehension of criminals. Manifestly, that function does not include the manufacturing of crime. Criminal activity is such that stealth and strategy are necessary weapons in the arsenal of the police officer. ”

“ The Government sought to overcome the defense of entrapment by claiming that petitioner evinced a 'ready complaisance' to accede to Kalchinian's request. Aside from a record of past convictions, which we discuss in the following paragraph, the Government's case is unsupported. There is no evidence that petitioner himself was in the trade. When his apartment was searched after arrest, no narcotics were found. There is no significant evidence that petitioner even made a profit on any sale to Kalchinian. ”

“ If you talk with any of the Revenue officers still living who were employed in arresting, lying in wait for, receiving information concerning, and sometimes having a smart fight with the smugglers, you will be told how altogether hateful it was to have to perform such a duty. It is such incidents as the above which knock all romance out of the smuggling incidents. An encounter with fisticuffs, a few hard blows, and an arrest after a smart chase or a daring artifice, whilst not lessening the guilt of smuggling, cannot take away our interest. ”

“ This crime being a theft of what belongs to the prince, and consequently to the nation, why is it not attended with infamy? I answer, that crimes, which men consider as productive of no bad consequences to themselves, do not interest them sufficiently to excite their indignation. The generality of mankind, upon whom remote consequences make no impression, do not see the evil that may result from the practice of smuggling, especially if they reap from it any present advantage. ”

“ Their mode of life forces upon them the character of thieves, and all their waking moments are devoted to the one object of making a raid. Whether it be on the meat in the igloo or the storehouse, or the bag of blubber for the lamps, or the seal-skin clothing, it is all the same. They know from experience that the severest penalty will be enforced as a punishment for their offence but to them the pleasure of theft and the exquisite bliss of greasing their stomachs with a slice of blubber outweighs every other consideration. ”

“ If the fugitive being once in custody, should of his own accord evade his keeper and escape, or being excited by others to do so, should make the attempt, and an obstruction should be interposed to hinder the reception of the fugitive, the offence would be precisely the same as it would have been, had the same obstruction been interposed to the original seizure or arrest ”

“ And so he thought the more of the men, the more of vengeance, the more of the hour which would see him face to face with them, and see them face to face with punishment. He rejoiced to think that abduction was one of the two hundred crimes which were punishable with death: and he swore that if he devoted his life to the capture of these wretches they should be taken. ”

“ I suggested.
‘“That seems a feasible theory.”
‘“You’ve no reason to suppose, Prince,” I asked, “that the despatch-box was opened on the bare chance of its containing something of value?”
‘“No. My deliberate opinion is the thief wanted that draft, and that alone. He is an enemy—a traitor; and if he can be identified the penalty of his crime will be death.”
‘“If your opinion is right, the thief, of course, must have known the draft of the treaty was there?” ”

“ In my view, it is temporary detention, warranted by the circumstances, which chiefly justifies the protective frisk for weapons. Perhaps the frisk itself, where proper, will have beneficial results whether questions are asked or not. If weapons are found, an arrest will follow. If none are found, the frisk may nevertheless serve preventive ends because of its unmistakable message that suspicion has been aroused. ”

“ Persons subject to suspicion of hostile purposes, residing or being near our Forces, will be, as heretofore, subject to arrest and detention, until the cause or necessity is removed. All such arrested parties will be sent, as usual, to the Provost-Marshal General, with a statement of the facts in each case. ”

“ In nearly every settlement suspicion led to combination for defense, combination to some form of oppression or insult, and so on by easy transition to arrest and concealment, attack and reprisal, expulsion, theft, house- burning, capture, and murder. ”

“ They had been defying the law so long without injury to themselves that its sudden transformation into a Nemesis routed their habitual calm, for each knew himself guilty of receiving benefits from the crime the captured men had committed. ”

“ If a ship of war, in thick weather, or in the darkness of the night, fire upon and sink a neutral vessel, under the belief that she is an enemy's vessel, this is a trespass, a mere wrong; and cannot be said to be an act done under any right, accompanied by responsibility for damages. So if a civil officer on land have process against one individual, and through mistake arrest another, this arrest is wholly tortious ”

“ With all their silence and caution, however, the poor trappers cannot always escape their hawk-eyed enemies. Their trail has been discovered, perhaps, and followed up for many a mile; or their smoke has been seen curling up out of the secret glen, or has been scented by the savages, whose sense of smell is almost as acute as that of sight. Sometimes they are pounced upon when in the act of setting their traps; at other times, they are roused from their sleep by the horrid war-whoop; or, perhaps, have a bullet or an arrow whistling about their ears, in the midst of one of their beaver banquets. ”

“ Violence and murder threaten at every turn. Through the narrow and filthy streets young noblemen, flown with wine, storm at midnight. When a robber chief is nailed through the hand to a door, his devoted followers hew off his arm and set him free. They capture girls for ransom, and sell them to panders. When one is troublesome, they propose to sew her up in the paunch of the yet living ass, and expose her to the mid-day sun. ”

“ They knew that one false step would jeopardize their own liberty, and very likely their lives, and utterly destroy every prospect of carrying out their objects. They knew, too, that they were matched against the most desperate, daring, and brutal men in the kidnappers' ranks,—men who, to obtain the proffered reward, would rush willingly into any enterprise, regardless alike of its character or its consequences. ”

“ The word was echoed from a dozen different points of that enormous room, and instantly the drapery was swept aside from as many places, and from each entrance emerged five or six stalwart men, with pistols cocked, and otherwise armed to the teeth.
Every smuggler stood mute and terror-stricken; they saw at once the fearful odds against them, and knew that resistance would be useless. ”

“ The arrest or confinement, or restoration of a fugitive, merely because he is such, falls not regularly within the objects of police regulations; for such a person may be obnoxious to no charge of violence or disorder ”

“ In almost all cases of man stealing, the stolen beings were of those who had tasted the sweets of liberty. To the kidnapper, who made these his prey, there were great facilities for escaping with impunity; not only because, in the depth and darkness of a dungeon, his limbs loaded with fetters, and utterance choked with a gag, his suffering could not be made visible or audible, but also because the deadness of sensibility on this subject, which still pervaded the public, though in a less degree than formerly, seemed to have unnerved every eye and palsied every ear. ”

“ Reducing the facts to their essentials and then trying to reason, the possibilities became a very general preoccupation. The deductive steps may be briefly set down. First, there were the alternative propositions of voluntary or involuntary absence, of hiding or abduction. Second, if the theory of forced absence was to be entertained, there were only two general possibilities—abduction for ransom or kidnapping by some maniac. The ideas of murder, detention for revenge, and the like, come under the latter head. ”

“ The risk will really be entirely mine, for I shall take charge of the captives we make at our rendezvous. You, after lending a hand in the capture, will return here and hold yourself in readiness to join me, and carry out another capture as soon as I have made all the necessary arrangements. Thus, if by any chance we are tracked, I alone and my friend will run the risk of capture and punishment. In that way we may, in the course of a few months, amass a much larger booty than we should in a lifetime spent in these wretched adventures upon travellers. ”

“ They are not always, by any means, the most corrupt, and often when I learn, from a police report, that a fugitive is following regular work, I ask the Minister (of Justice) to suspend the order for his recapture.
"From the standpoint of the general security of the establishment, the facility of escape constitutes a valuable safety valve, which it is expedient to recognise. In truth, the latent energies which impel a man, at all costs, to seek emancipation from the bondage which he has to endure in the Beggars' Depot are exhausted by flight. ”

“ During our repast, a number of Ladrones crowded round us, examining our clothes and hair, and giving us every possible annoyance. Several of them brought swords, and laid them on our necks, making signs that they would soon take us on shore, and cut us in pieces, which I am sorry to say was the fate of some hundreds during my captivity. I was now summoned before the chief, who had been conversing with the interpreter: he said I must write to my captain, and tell him, if he did not send an hundred thousand dollars for our ransom, in ten days he would put us all to death. ”

“ The kidnappers stationed one of their number at the door, and another at the window. They refused to let us enter the room, and the tavern-keeper, who was more favorable to us than we had anticipated, said to us, “Boys, get into the room in any way that you can; the house is mine, and I give you the liberty to break in through the door or window.” This was all that we wanted, and we were soon making preparations to enter the room at all hazards. Those within had warned us that if we should attempt to enter they would “shoot the first one.” ”

“ Man-traps are laid under the pavements,--sometimes they are secretly introduced under your very table or bed,--and if anything is said against that piece of machinery called the main-spring, or against the head engineer, the trap will nab you and fly away with you, like the spider that carried off Margery Mopp. ”

“ These savages consider a successful piece of theft as a laudable act, and estimate it according to the skill displayed in the accomplishment; like the Spartans, who considered that the dishonour lay not in the act of robbery, but in the discovery of it. ”

“ But the system of tactics more generally practiced by the smugglers was that of craft and concealment, carried out by some ingenious measure to prevent all suspicion of the times and places of their movements, by travelling in the night or in stormy weather, or in the most unfrequented routes, and, when pursued, by putting the pursuers on false scents, or by feints of running away with loads of empty boxes to mislead pursuit, till the goods, which had been previously taken to some place of temporary concealment, could be removed from the vicinity of the search and sent on their destination. ”

“ There may also be physical conditions which are essential to the offense and which do not exist in the case of a trap, as, for example, in the case of a prosecution for burglary where it appears that by reason of the trap there is no breaking. ”

“ These terrible executions, committed by the smugglers on these poor men, and the dreadful menaces which they uttered against any person that should presume to interrupt them, so terrified the people everywhere, that scarce anybody durst look at them as they passed in large bodies in open day-light. And the custom officers were so intimidated, that hardly any of them had courage enough to go on their duty. ”

“ The fact that kidnapping persists in spite of these recognized discouragements probably accounts for the proneness of policemen and citizens to interpret into every abduction case some moving force other than mere hope of gain. ”

“ And unless the trapper thoroughly acquaints himself with the habits of his various game, the sagacity and cunning of his intended victim will often outwit his most shrewd endeavors, much to his chagrin. ”

“ Nor is the privilege of the prisoner of war extended to single armed prowlers, by whatever names they may be called, or to persons of the enemy’s territory, who steal within the lines of the hostile army, for the purpose of robbing, killing, destroying bridges, roads, or canals, or of robbing or destroying the mail, or of cutting the telegraph wires. ”