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A trap for the unwary: jury decision making in cases involving the entrapment defense
Christopher S Peters1, James Michael Lampinen, L Alvin Malesky
1Department of Psychological Science, University of Arkansas, Fayetteville, AR 72701, USA. cspeters@uark.edu
Abstract:
This article examines the opinions of jury-eligible participants regarding entrapment-related issues in online sex offender sting operations. Participants provided lower guilt ratings when the undercover officer initiated the online sexual solicitation than when the defendant initiated the online sexual solicitation. This effect was mediated by the causal attributions (situational vs. dispositional) made by mock jurors for the defendant's actions. The results also suggested that the entrapment defense was less successful for participants with a crime control orientation than for participants with a due process orientation. Based on the results, it is implied that law enforcement should exercise caution when performing these types of sting operations. Furthermore, defense and prosecuting attorneys should take into account the originators of the sexual solicitation when deciding whether to plea bargain or take a case to trial.
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