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)

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)

Why is it 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)

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)

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.

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)

Cheating is a growing academic and ethical concern in higher education. This article examines the rise of artificial intelligence (AI) generative chatbots for use in education and provides a review of research literature and relevant scholarship concerning the cheating-related issues involved and their implications for pedagogy. The technological “arms race” that involves cheating-detection system developers versus technology savvy students is attracting increased attention to cheating. AI has added new dimensions to academic cheating challenges as students (as well as faculty and (...) staff) can easily access powerful systems for generating content that can be presented in assignments, exams, or published papers as their own. AI methodology is also providing some emerging anti-cheating approaches, including facial recognition and water- marking. This article provides an overview of human/AI collaboration approaches and frames some educational misuses of such AI generative systems as ChatGPT and Bard as forms of “misattributed co-authorship.” As with other kinds of collaborations, the work that students produce with AI assistance can be presented in transparent and straightforward modes or (unfortunately) in opaquer and ethically-problematic ways. However, rather than just for catching or entrapping students, the emerging varieties of technological cheating-detection strategies can be used to assist students in learning how to document and attribute properly their AI-empowered as well as human-human collaborations. Construing misuses of AI generative systems as misattributed co-authorship can recognize the growing capabilities of these tools and how stressing responsible and mindful usage by students can help prepare them for a highly collaborative, AI-saturated future. (shrink)

In this paper, I argue that Deleuze's political writings and Derrida's early (pre-1985) work on deconstruction affirms the tactical orientation which Todd May in particular has associated with 'poststructuralist anarchism.' Deconstructive philosophy, no less than Deleuzean philosophy, seeks to avoid closure, entrapment, and structure; it seeks to open up rather than foreclose possibilities, to liberate rather than interrupt the flows and movements which produce life. To this extent, it is rightfully called an anarchism -- not the utopian anarchism of (...) the nineteenth century, perhaps, but the provisional and preconditional anarchism which is, and will continue to be, the foundation of postmodern politics. (shrink)

In this paper, I examine the ethics of nonviolent protest when a violent response is either foreseen or intended. One central concern is whether protesters, who foresee a violent response but persist, are provoking the violence and whether they are culpable for any eventual harms. A second concern is whether it is permissible to publicize the violent response for political advantage. I begin by distinguishing between two senses of the term provoke: a normative sense where a provocateur knowingly imposes an (...) unjustified risk of a violent response, and a descriptive sense where the respondent feels provoked. I argue that, when the risk of a violent response is justified, the protesters are not provocateurs but akin to nonculpable, entrapping agents who create an opportunity for the regime to respond with disproportionate violence. The regime’s response can disclose its brutality or criminality and this can be fairly publicized for political advantage. When nonviolent protesters create an unjustified risk of violence either because the injustice they oppose is insufficient to justify the risk of a violent response or because the risked harms are disproportionate with the likely political advantages derived from the protest, they are partially culpable provocateurs. However, I argue these partially culpable provocateurs can still permissibly publicize the disproportionate violence of the regime so as to shape public opinion. (shrink)

Simone de Beauvoir and Frantz Fanon both argue that oppression fundamentally constrains the subject’s relationship to and embodied experience of time, yet their accounts of temporality are rarely brought together. This paper will explore what we might learn about the operation of different types of reductive temporality if we read Beauvoir and Fanon alongside each other, focusing primarily on the early works that arguably lay out the central concerns of their respective temporal frameworks. At first glance, it seems that these (...) two models of temporality have radically different emphases. While Beauvoir suggests that reductive temporalities work to sever the future from the past and present, Fanon locates this destructive operation in the heightening of their entanglement. However, I will contend that there are deep affinities between these accounts: For both Beauvoir and Fanon, freedom is bound up with futurity, with its lack therefore cashed out in terms of stagnation, repetition, and the entrapment within a hollow moment that prevents authentic projection. Both resist teleological perspectives; problematize the endeavor to describe the structures of lived temporality in neutral terms; and show that temporality is crucial to the pursuit of a political phenomenology. These resonances, however, should only serve to recast rather than dissolve the tension between their approaches; ultimately, we need to acknowledge the distinctiveness of their differing concerns and aims. (shrink)

From Augustine’s (death) drive towards an imaginary time before speech to Marx’s drive toward an imaginary time after speech as we know it, we learn that we are always already within the bonds of the mother tongue. In the late twentieth-century, Derrida turns to both Augustine and Marx to repeat the fantasy of escaping the mother (tongue). Derrida responds to Marx’s analysis of our repeated failure to forget the mother tongue by turning to Augustine’s analysis of the mother’s touch: we (...) cannot forget the mother tongue because it is licked upon our skin. Drawing on Derrida’s relationship to Augustine and Marx on the topic of touch and language, I argue that although the bond of the mother tongue is inescapable, its very real grip upon our skin is founded upon a number of fantasies: the fantasy of the Mother, of a cut with the Mother by the Mother, which separates us from an original shared skin and binds us to the Mother tongue, the fantasy of self-articulation in the death of the Mother. I suggest that the symptoms of the fantasmatic foundation of our entrapment by the mother tongue-touch is expressed in barely perceptible glitches—a shiver passing over one’s skin, a stutter in one’s speech. (shrink)

The police are one of the important law enforcement agency in Bangladesh. Police are the best agency to protect human rights. Indeed, the police have a special responsibility to protect people. In addition, to their duty, they also serve in people's social and moral call, especially during COVID-19 situations they imprint many examples of humanity. People experience many good deeds of police during a national disaster as well. However, allegation against the police for violations of human rights is not uncommon. (...) Cases of torture, death in police custody, involvement in the drug trade and robberies, entrapment with drug, helping in land grabbing, etc. are being published in newspapers. Nevertheless, to protect human rights or to take care of human rights is the prime function of the police. This research efforts to find out the answer to why police violate human rights. This research may help police professionals or administrators in taking policy initiatives to erase the negative image of the police. (shrink)

Though past commentators have attacked cities as corrupt, dirty places, it is almost too obvious to need stating that a sustainable future depends on them. This is because most people live in cities and because the streamlined use of urban space brings a wide range of efficiencies. Simultaneously, urban living and associated technologies may impact psychology such that people see humans and their cities as outside of nature, which has been shown to reduce concern for the wellbeing of the planet. (...) Exploring these points in the context of the COVID-19 pandemic, we speculate on psychologically fueled environmental consequences of remote technologies. One possibility is that they may diminish contact with what we colloquially call “nature,” thereby reducing concern for it. Another possibility is that remote technologies may promote personalized work rhythms, allowing people more time in the outdoors, amplifying concern for the environment. Recognizing that vulnerable segments of the population are currently excluded from this second option, we optimistically sketch scenarios in which technologies may—somewhat ironically—help humankind escape technological entrapment, freeing people from a variety of backgrounds to reconnect in caring ways with nature. (shrink)

Recently, a number of critical social theorists have argued that the analysis of social relations of unfreedom should take into account the phenomenon of self-subordination. In my article, I draw on Hegel’s theory of recognition to elucidate this phenomenon and show that recognition can be not only a means of self-realization, but also of subjugation. I develop my argument in three steps: As a first step, I reconstruct the idea of social pathologies in the tradition of Critical Theory. In the (...) course of this reconstruction, it becomes clear that the analysis of social pathologies should focus on the binding force of recognition. As a second step, I reinterpret Hegel and show that a close reading of the relationship of lordship and bondage can help us to understand how a subject can become bound by recognition. As a third step, I make an attempt at reactualizing Hegel’s idea. Following Sartre’s analysis of anti-Semitism, I outline three stages of how subjects can gradually come to subordinate themselves and become entrapped in social relations of unfreedom such as race, class or gender. (shrink)

There have been 417 gun violence in schools since Columbine. In these shootings, more than 383,000 students were killed. At the time of the event, most offenders of school mass shootings were targets of school bullying, experiencing a mental health crisis, and a history of depression. Effective interventions and support that could help prevent or reduce school bullying incidents require understanding the process of demoralization and empowering social change. This paper is part of an original constructivist grounded theory study on (...) democratic social change in America explored through a post hoc polytheoretical framework comprised of Foucauldian, Bourdieuan, and Marxist power. It aims to answer the question: In which areas would the democratic social change grounded theory resonate the most? Of significance was the finding of a novel framework from which to understand and assess how students unknowingly use power strategies that could lead to the demoralization of targets of bullying who lack adequate coping skills and meaningful support and an empowering social change process that could counter demoralization and lead to security. More research is needed on bully-involved demoralization and specific interventions that lead to positive and sustainable social change. (shrink)