[1] https://www.theglobeandmail.com/news/british-columbia/judge-...
But for some reason if you tried pretending to be a terrorist, you'd still be a criminal
> But for some reason if you tried pretending to be a terrorist, you'd still be a criminal
That depends. The informant/infiltrator needs to "play along" till some extend. However, they should also not stimulate other people to commit crimes. It is a careful balance.
So for example, if Alice asks Bob to make a bomb, and Bob complies (with a fake bomb), then how exactly did Bob (who works for the FBI) create a terrorist? They didn't. They caught one by pretending being one. Apart from the ability to safely catch Alice red-handed, Bob can also testify the intend of Alice. 2 in 1.
Would you rather see it was Charlie who made the bomb, but then a real one? Of course not. Sometimes, this infiltration method is one of the few or the only viable way to catch a terrorist or criminal. It is not without risk though; it is high risk, high reward. Not the first option to be chosen; you want low risk, high reward options first.
EDIT: in hindsight it would've been better to use different names, ie. Mallory. I leave the above as-is.
While such a comparison might rub you (and me, for that matter) the wrong way, it's the "legal" interpretation that holds in a US Article III court[0].
[0] https://en.wikipedia.org/wiki/Federal_tribunals_in_the_Unite...
If the officer asks, “hey, do you wanna bomb that building?” it’s entrapment. If you ask “would you help me bomb that building?” and the officer sells you what you think is a bomb, it’s not. Of course, the officer isn’t necessarily wearing a wire or anything, and it’s possible to phrase things carefully to suggest something without literally making the suggestion, so it comes down to the officer’s testimony (“I never suggested that he commit a crime” and maybe “I did suggest that somebody ought to pay for that behavior”) versus the accused’s.
Entrapment would be more like "We're going to bomb that building, and if you don't join us, I'm going to kill you... Hah! Just kidding, you're under arrest!"
"Government agents do not entrap defendants simply by offering them an opportunity to commit a crime. Judges expect people to resist any ordinary temptation to violate the law. An entrapment defense arises when government agents resort to repugnant behavior such as the use of threats, harassment, fraud, or even flattery to induce defendants to commit crimes."
https://www.nolo.com/legal-encyclopedia/entrapment-basics-33...