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To add to this: using an entrapment defense happens way more on TV than in reality.

For starters, to even use the entrapment defense in most jurisdictions requires the judge's permission, which is rarely granted. Second, the burden is on the defendant to show that they would never have engaged in the illegal behavior at all without the police.

E.g., if the police physically threaten or blackmail you into selling drugs, you might have a case. If they simply pester you on the phone a bunch, probably not.

In this case, the FBI didn't force anyone to visit the child porn site, so it's not entrapment. What's up for debate is whether the harm of disseminating the material outweighs the benefits of catching more users.



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