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If Probable Cause is found, the Grand Jury issues a ?True Bill.? If the Grand Jury has questions, they may send the matter back to the prosecuting attorney's office for additional inquiry. The Grand Jury may also issue a ?Not True Bill.?
Police entrapment is a serious issue that can lead to legal consequences for both law enforcement officers and the individuals they target. Entrapment occurs when police use deceit or coercion to induce someone to commit a crime they would not have otherwise committed.
Published by a LexisNexis Corporate Crime expert The House of Lords said that, although entrapment is not a substantive defence in English law, where an accused can show entrapment, the court may stay the proceedings as an abuse of its process or exclude evidence.
An example of police entrapment would be if a police officer threatened to arrest a suspect unless they agreed to sell drugs for the officer. The suspect would then sell the drugs and then be arrested. This act is entrapment by coercion.
A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.
Entrapment occurs when an agent of the state - usually a law enforcement officer or a controlled informer - causes someone to commit an offence in order that he should be prosecuted.
Entrapment is an affirmative legal defense. In the most basic sense, it occurs when a government official, such as a police officer, uses threats, fraud, or harassment to induce or coerce someone to commit a crime they wouldn't ordinarily commit.
A defendant alleging entrapment must show he was induced, tricked, or incited to commit a crime, which he would not otherwise have committed. The facts of the case are important as it relates to an entrapment defense. In the case of State v. Brown, 362 S.C.