Is it (A), (B), or (C) that is incorrect?

It sounds like you are saying that (C) is incorrect. However you are confusing how this is shown in court - what needs to be established - from the principle and definition of coercion.

Law enforcement did not charge him for the hitman so the defense did not need to put up a case for entrapment, and as far as I can tell the legal defense dropped the ball a number of places. So it is not enough to point at the defense and backwards reason that if there were entrapment that it would have been established. There was no opportunity. There will be a separate hearing on the use of law enforcement coercion and we may see an argument and evidence presented there.

Neither of us would be willing or able to establish a full defense of DPR or a full case for law enforcement - suggesting that this is my responsibility is intellectually dishonest.

Take any number of resources:

http://www.pdxcriminallawyers.com/articles/entrapment-and-po...

"What Is Entrapment?

When it comes to police coercion, a defendant is assumed to have the responsibility to turn down an opportunity to commit a crime when posed by a law enforcement officer. Instead, a defendant will need to prove that the law enforcement officer took additional actions to force a person into an illegal act. The following may be considered sufficient actions to force a person into committing a crime they otherwise wouldn’t:

- Fraudulent claims or promises

- Depending on the specifics, verbal harassment or flattery

- Threats against a person, their property, or their job

If a defendant wants to cite entrapment, they have a duty to present proof of entrapment. As it is what is known as an affirmative defense, the defendant has to offer evidence to clear their willing involvement in a crime."

http://www.grayarea.com/entrap.htm

"So, a defendant cannot be exonerated of a crime on an entrapment claim even if he or she can prove that police had no reason whatsoever to suspect even the slightest of criminal inclinations. What they must prove is that were induced by police to commit the crime. This leads us to the second of the four questions: What constitutes inducement?

An officer merely approaching a defendant and requesting that they commit a crime does not. To claim inducement, a defendant must prove he or she was unduly persuaded, threatened, coerced, harassed or offered pleas based on sympathy or friendship by police. A defendant must demonstrate that the government conduct created a situation in which an otherwise law-abiding citizen would commit an offense."

Yes, what you are arguing against is a straw man. Quite simply you are not charitably interpreting the situation whereby law enforcement created a situation in which DPR had an incentive to hire a hitman as entrapment. It is the simulation of blackmail, fraud and threats to DPR's business that constitute coercion.

Merely suggesting that there be a hitman is not coercion. But simulating blackmail, defrauding him and threatening his business constitute coercion.

This is what we're talking about and you have repeatedly been ignoring.

Because you are arguing merely in the context of "they offered a hitman and he agreed" you are arguing against a weakened form of my argument.

My argument, in full, charitable form, can be seen in the second reference quoted.

"An officer merely approaching a defendant and requesting that they commit a crime does not. To claim inducement, a defendant must prove he or she was unduly persuaded, threatened, coerced, harassed or offered pleas based on sympathy or friendship by police. A defendant must demonstrate that the government conduct created a situation in which an otherwise law-abiding citizen would commit an offense."

An officer did not merely approach DPR and request that he commit a crime.

They simulated blackmail, fraud and threat to property: that is coercive.

Definitions of blackmail includes the word "coercion".

Please, I don't care how long your posts are if you don't bother to address the premises of the argument.

Because you are refusing to address the use of simulated blackmail and fraud to coerce DPR, you are not charitably engaging the argument. You are arguing against a straw man. You are pretending that law enforcement merely chatted with DPR online without setting up coercive pretenses.

Please, for your own sake, be charitable when debating people - either in person or online.

> Given (A) that blackmail is coercion (psychological pressure), and (B) coercing someone into committing a crime is entrapment. Would (A) and (B) then not imply that (C) blackmailing should count as entrapment?

(A) isn't sufficient motive for hiring someone to murder someone (you have no right to use deadly force to protect mere property). Also, even if someone hold a gun to your head and tells you to kill someone else, it's still criminal if you do that (it's one of the examples in the law guide). This makes it nearly impossible to entrap someone into hiring a hitman, without even getting into the particulars of this case.

(B) is necessary, but not sufficient, to support a claim of entrapment.

A person must prove that they put up some resistance to committing the crime and that the police or their agents overcame this. So he needs a quote of him saying "NO" to the idea in the chat logs (or something equivalent to this, in the admitted evidence), then police pressure, then him changing his mind.

You can see how it played out in the law guide sample: the young lady refuses to commit the crime for money, but relents when a police agent tells her that lives are at stake. That refusal is very important!

As your source correctly states, a "defendant is assumed to have the responsibility to turn down an opportunity to commit a crime when posed by a law enforcement officer." The quotes quoted by the Court demonstrate the opposite, that he was very agreeable to the police's suggestion once offered, failing to meet this duty. Those demonstrate against the resistance he must show that he put up to claim entrapment.

If you can find something in the chat log, his legal briefs, or wherever that proves he said "no" before he said "yes", please offer it. Your source correctly confirms that he has the burden of proof to show this and establish entrapment.

> Law enforcement did not charge him for the hitman so the defense did not need to put up a case for entrapment

The hiring of the hitman was an element of the "continuing criminal enterprise" (CCE) charge, for which he was later convicted. This has been covered in previous discussions of the court documents. I am not clear on why you are still objecting to this.

I am also confused by your version of "charitable." It's not my intent to be disrespectful, but I can't reasonably claim that a case exists without evidence for it. I can't claim he's legally innocent, nor that he was denied due process, given that he was convicted by a jury of his peers in a court of law. I can't assume things to be in DPR's favor without admissible evidence showing that when analyzing how the law would treat this scenario. Nor can I shift the burden of proof in his favor when the law says otherwise.

That's now how law works.

I'm sorry if I come off as harsh, I certainly don't intend that. But you should be aware that real courts are absolutely hostile to such arguments. Not only would you get savaged by opposing counsel, you'd face motions for sanctions for wasting everyone's time.

I'm not going to sue anybody, I'm just going to point out that what you want to argue doesn't work because it doesn't meet the legal definitions :)

DPR can't properly meet either element of entrapment under either the subjective or objective standard due both to a lack of evidence and admitted evidence that shows him being agreeable to the suggestion. As the law guide says, "they're allowed to go after those who would say yes."