Instigation Versus Entrapment
Definitions and Distinctions
In Philippine jurisprudence, the terms "instigation" and "entrapment" are frequently encountered in cases involving covert operations to catch perpetrators in the act of committing a crime. Both serve as methods to nab suspects, but the legal implications for the accused and law enforcement significantly differ.
Instigation: A Deeper Dive
In instigation, a law enforcement officer induces an individual to commit an act he would otherwise have no intention of committing. The officer orchestrates the crime, from conception to execution, making the accused a mere instrument. In legal terms, instigation absolves the accused of criminal liability, because the act is deemed to be the creation of the law enforcement agency, not the accused.
Entrapment: Key Aspects
Entrapment, on the other hand, involves catching an individual in the act of committing a crime that they had already intended to commit. Law enforcement merely provides the opportunity for the person to commit the criminal act. The purpose is to catch a criminal in flagrante delicto, or in the act of committing the crime.
Legal Implications
Instigation: An accused caught due to instigation is often acquitted because the crime is considered to have been committed at the instance of law enforcement.
Entrapment: The accused generally cannot escape liability when caught in entrapment operations, because they were predisposed to commit the crime.
Defense Strategy
Instigation: If an accused can prove instigation, this can be an absolute defense leading to acquittal.
Entrapment: Though the crime was committed, the defense can scrutinize the method of entrapment for any abuse of rights, which may mitigate the case but rarely absolves of liability.
Conclusion
Instigation and entrapment serve as two contrasting approaches by law enforcement to catch wrongdoers. Their definitions may sound similar, but their legal implications are worlds apart. Understanding the difference is crucial, both for the law enforcement agencies conducting operations and the individuals who may find themselves ensnared in such schemes.