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And who can doubt that all humans have within us the potential – even the predisposition – to commit acts which are labelled "inhuman" but in fact are anything but?
Defendants invariably claim entrapment and almost always lose, because the law requires that they show no predisposition to commit the crime, even when induced by government agents.
Prosecutions built on sting operations can raise philosophical and legal questions, particularly cases built in areas like bathrooms and bushes and involving potential illegal behavior, or what the law calls a defendant's "predisposition" to commit a crime.
Some have suggested that K&R offenders have a predisposition to commit such crimes (for specification of those see Marongiu and Clarke 1993) or that K&R is a product of a political struggle between the central government, guerrilla groups, and militias (Rubio 2004; Topel 2009).
More ominously, Alibaba is prototyping a new form of ubiquitous surveillance that deploys millions of cameras equipped with facial recognition within testbed cities and another Chinese company, Cloud Walk, is using facial recognition to track individuals' behaviors and assess their predisposition to commit a crime.
By relying exclusively on whether the defendant had a predisposition to commit the crime, the court appeared to have finally resolved a lingering issue in its previous decisions on the subject.
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And what if computers, just as they can predict an individual's susceptibility to a disease from other bits of information, can predict his predisposition to committing a crime?A new regulatory principle in the age of big data, then, might be that people's data cannot be used to discriminate against them on the basis of something that might or might not happen.
Both men focused on the notion of "predisposition": whether the defendants were predisposed to commit a crime, or entrapped by the government.
Most significantly, he said, appeals courts were now considering it in cases where the defendant had seemed willing to commit the crime, examining predisposition closely in cases where they would have previously rejected it out of hand.
Legally, entrapment is mostly about the suspect's predisposition because the other element of entrapment, inducement by the government to commit the crime, is usually not disputed.
In a terrorism case, the fact of being willing to commit an act of terrorism is seen as predisposition, no matter how much of a Catch-22 this may be.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com