Tuesday, 19 March 2013

Lecture Post 2

Entrapment in the Law and in the Public Eye

    Doctor Holmes did mention the issue of entrapment during his speech on the liberalization of Britain.  He spoke about the issues regarding the decriminalization of homosexual relations and the police entrapment that ensued, as well as the current debate regarding entrapment in prostitution. While the UK holds entrapment in certain circumstances illegal, it is not allowed as a valid defense in the court. However, popular public opinion garners sympathy for the entrapped in most cases regarding police entrapment.

    According to the UK Law Gazette, a police investigation is not considered entrapment if the suspect would have theoretically committed these actions without the aid of the police. However, this is quite a gray area reliant on heavy speculation. What the suspect "would" or "would not" have done is up to the judge and jury. Justice is endangered when it is reliant on such speculation as opposed to clear doctrines. However, if the case is entered into a courtroom, the suspect's actions are either "guilty" or "innocent" regardless of their provocation.

    It seems as if the jury in such cases is more likely to sway in the favor of the suspect if they have been entrapped. It is seen as perhaps a "sneaky" tactic; the law is luring the suspect into criminality rather than seeking out the criminal offenses already present. The Law Gazette presents a case on the same page regarding entrapment:
"When delivering their verdict of guilty in Hardwicke and Thwaites [2001] Crim L.R. 220: ‘The jury would like to say that the circumstances surrounding the case have made it very difficult for us to reach a decision. Had we been allowed to take the extreme provocation into account we would have undoubtedly reached a different verdict.’"
The jury is hereby constrained by the law. The jury is sympathetic to the accused, regardless of his/her guilt. The context regarding entrapment would have changed their verdict, were they allowed to consider the context. The gray area surrounding the legality of entrapment and the impossibility of taking entrapment into account in the jury presents a failing in the legal system. The jury's sympathies are poignant and speak to a sense of injustice done to the accused on behalf of the law, regardless of his or her guilt.

Sleight, David. "The Law Regarding Entrapment." The Law Gazette. 201

Lecture Post 1

The Public Opinion of Tasers

    Dr. Martin Holmes, during his lecture Secularism, Liberalization, and Multiculturalism in British Society, touched upon the mistaken use of Tasers by the UK police force on innocent citizens, likening this to corporal punishment. After delving into the contemporary British conversation on the topic, I found that the media and the public agree with Dr. Holmes. It is widely acknowledged, even by polar media sources, that Tasers are misused by the police in British society and should be further regulated. However, neither publication condemns Tasers as corporal punishment directly.

    The Guardian, a generally liberal publication, focuses their article on Colin Farmer, the 61 year old blind man mentioned by Dr. Holmes as a victim of senseless police Tasering.  The Guardian presents anecdotes of numerous innocent individuals who have been Tasered and suggests a number of solutions. Through an interview with Amnesty UK's Arms Programme Director Oliver Sprague, The Guardian presents the view that Tasers should be regulated through laws and rigorous police training. Sprague suggests that the officers should be informed about the weapon and its effects as well as the appropriate situations in which to use the weapon.  This article fits with Dr. Holmes's opinion that the senseless use of Tasers is contrary to the UK's policy on corporal punishment, though it does not specifically name "corporal punishment" as the reason for injustice. It is an individualistic and humanist article that draws its power from personal anecdotes rather than sweeping legal statements. This may explain the lack of questions posed regarding the legality of the weapon in relation to corporal punishment.

    The Telegraph, a generally conservative publication, takes a similarly cautious and negative stance on the control of Tasers. Rather than starting with Farmer's tale, which dominated the media's discussion on Tasers at the time, The Telegraph focuses their article on the use of Tasers against "vulnerable people" in general. This publication does present a few anecdotal tales of citizens threatening self harm who have been Tasered, but focuses mainly on the lawful use of tasers. The Telegraph takes a more diplomatic view than the Guardian, and presents the Association of Chief Police Officers' defense of Tasers as well as Amnesty International's suggestions for taser regulations. This publication does not present as condemning an analysis of Tasers as The Guardian and Dr. Holmes did. The article promotes the use of Tasers in "necessary" situations. This, therefore, would not present Tasers as corporal punishment, as The Telegraph promotes the legality of the weapon while defending the law, while corporal punishment is contrary to the law.


Carter, Helen. "Campaigners Raise Concerns over Increased Police Taser Use." The Guardian. 21 October 2012. Web.

Whitehead, Tom. "Concerns over Use of Taser Guns on Vulnerable People." The Telegraph. 25 December 2012. Web.