Is Entrapment illegal by the officer committing it? It's fairly well known that Entrapment can be considered a valid affirmative defense for the person who was induced to commit a crime. However, say that a police officer entrapped someone to, e.g.: Commit a murder or assault. Commit a &quot;victimless&quot; crime, e.g. an officer induces someone to pay for a prostitute. Would that officer be committing a crime or doing something illegal? The officer could be charged for e.g. coercion or as an abettor. But, is entrapment itself illegal for the officer? Do officers who commit entrapment get charged with a crime or penalized somehow? Answers for different countries and legal systems are welcome, but, I understand that most potential answers will be from the US, and that's okay. The US has a great legal corpus and I enjoy reading about precedent, especially from the SCOTUS.
It depends on where you are. In the US, entrapment is a defense to a criminal charge. There is a threshold question: is &quot;solicitation&quot; sufficient encouragement, there must be &quot;inducement&quot; by the government agent which is at least persuasion or mild coercion... pleas based on need, sympathy, or friendship... extraordinary promises of the sort 'that would blind the ordinary person to his legal duties' such that 'a law-abiding citizen's will to obey the law could have been overborne', or that the government created 'a substantial risk that an offense would be committed by a person other than one ready to commit it'&quot; Any person can be charged with the crime of &quot;solicitation&quot; (RCW 9a.28.030 in Washington), which however pairs some sort of request with a reward (money or other valuable thing). In Nevada, solicitation refers to a person who &quot;counsels, hires, commands or otherwise solicits another&quot;, but also the crimes are limited to kidnapping, arson and murder. A police officer is not rendered immune from criminal prosecution just because he intended the criminal act to have a &quot;good outcome&quot; such as leading to the criminal conviction of a bad person. But whether what he said is a crime depends on what the officer said, and what the laws of that state are.
I know one can "make a complaint" but I'm wondering if there's generally any legal obligation for these complaints to be taken seriously, and if there's any feasible way a driver could validate the encounter. . . . Furthermore, even with evidence, is there any way a citizen could ensure that legal action be taken against the officer for a proven traffic violation? Beyond reporting it to the department and hoping for the best? A prosecutor is under no legal obligation to press charges (and police have no affirmative duty to enforce the laws on the books) ever, even if there is blatant and clear evidence of murder, let alone a traffic violation. Usually, there is absolutely no way to compel charges to be brought against the offender (with a handful of states providing an exception where one can seek the appointment of a special prosecutor to investigate and prosecute if the circumstances warrant that would never be invoked for a mere traffic offense). Very few states allow anyone other than a prosecutor (or sometimes in minor cases, a law enforcement officer) to bring criminal or quasi-criminal charges. Of course, if compelling evidence of a violation is found and shared with the media, there may be powerful political pressure to bring a prosecution, but how that is developed would entirely depend upon the circumstances. Still, the relationship between prosecutors and law enforcement is so symbiotic, that prosecutors are loathe to press charges against law enforcement officers in all but the clearest of cases, especially for offenses occuring while a law enforcement officer is on duty in his home jurisdiction. Legally speaking, do civilians have any right to apprehend an officer for a traffic violation? While this would depend upon state law, most states treat traffic violations as a class of offense different from other misdemeanors and infractions and never authorize a citizens arrest for a traffic violation. Normally, only law enforcement officers can stop and cite people for traffic violations that aren't actually misdemeanor crimes. For example, in Colorado, true traffic infractions are defined as civil matters for which someone may be stopped and subjected to a citation but not arrested (even by a law enforcement officer). See Colorado Revised Statutes § 42-4-1701(1). In Colorado, only more serious traffic offenses (e.g. hit and run) are crimes subject to arrest. In the case of a traffic offense which is a crime (probably not speeding), the general rules applicable to citizens arrests would usually apply.
The legal question here is whether police have an enforceable power to enjoin a person from visiting a particular person or from entering a particular jurisdiction (especially the one where they have police powers). The obligation to obey police orders generally ends at matters regarding arrest, traffic orders, or crowd control. Freedom of travel is a fundamental constitutional right, along with freedom of association. That does not mean that you can go absolutely anywhere you want and do anything you want with whoever you want, but it does mean that any restriction have to be encoded in law, and such laws have to pass strict scrutiny. Any enforceable legal restrictions would have to emanate from the courts.
The basic reason to avoid speaking to police is the concern that something that you say will provide the police with a basis for arresting you or someone you care about, or charging you or someone you care about with a crime. Often, the reason that the police are talking with someone is specifically for the purpose of developing probable cause or a case to convict someone of a crime, when without your information they wouldn't have that information. Statements far short of a confession to committing a crime can be critical lynch pins in establishing a case against you. For example, a statement that confirms that you were in a particular place at a particular time could link you to a crime that happened at or near that location at that time, when otherwise the police might have no idea where you were at that time and might never link you to the crime. Also, it isn't uncommon for a request for police assistance to end badly, with the police assistance being deployed against you, or the means used by the police to resolve a situation having a deadly or undesired outcome. On the other hand, often you will need to communicate with police. You may need to report a crime for insurance purposes. You may need help when you or someone around you is currently being victimized by someone committing a crime. Cooperating with police to provide information may help to remove someone who is a potential threat to you or someone you care about from the streets. A better rule than "never talk to the police" is really more along the lines of "think twice before talking to the police". You should thoughtfully evaluate if what you hope to gain from doing so is greater than the risk that a case against you as a suspect could be established and is also greater than the risk that if the police do respond when you communicate with them that the situation could end badly. As you do this, try to see yourself from a police officer's perspective. How will you look? Also, are you capable of saying what needs to be said and then stopping, rather than blabbering on out of nervousness. A related notion is that you should be much more wary about talking to the police when the police initiate the conversation than you are when you are the one initiating the conversation. This is because ulterior motives on the part of police that could harm you or people you care about are much more likely when the police initiate the conversation than when you do. Yet another consideration is how much you understand about the situation you are in, how sophisticated you are in dealing with the police, and how glib you are compared to the average person. For example, there are people who a guilty of a crime and are in a situation that they understand well where they are at high risk of being implicated in a crime, where smooth talking can deflect police attention away from you and onto another person or a non-existent suspect. But, not many people are smooth enough and understand their circumstances well enough to pull that off. In general, the more that you fit "the profile" of someone the police are likely to suspect of a crime (e.g. if you are a young adult African American man in a "high crime neighborhood"), the more you should assume that responding to a police inquiry directed to you is a bad idea.
It isn't clear that the example you give is illegal police action, but let's assume that it is for the sake of this question, since it doesn't affect the analysis. If possession is not compelled, then it is voluntary.
Does this mean all countries law applies to it? Basically yes. If the videos are in english and are about science in general does this mean if some country some day bans ( imprisonment ) science videos or use of a specific colour in videos can they extraterritorialy enforce this imprisonment if they are in some other country like USA or India? With respect to criminal cases, only if it can arrest that person or convince another country to arrest and extradite that person. Generally speaking, countries will only extradite someone if it is a serious offense under the domestic laws of the country of arrest as well as the country requesting that the person be handed over, and also only if the crime occurred in or was targeted at the requesting country. Sometimes the arrest is not legal in the place where it is made. For example, in this case decided by the U.S. Supreme Court (the quote is from the official syllabus to the case): Respondent, a citizen and resident of Mexico, was forcibly kidnapped from his home and flown by private plane to Texas, where he was arrested for his participation in the kidnapping and murder of a Drug Enforcement Administration (DEA) agent and the agent's pilot. After concluding that DEA agents were responsible for the abduction, the District Court dismissed the indictment on the ground that it violated the Extradition Treaty between the United States and Mexico (Extradition Treaty or Treaty), and ordered respondent's repatriation. The Court of Appeals affirmed. Based on one of its prior decisions, the court found that, since the United States had authorized the abduction and since the Mexican government had protested the Treaty violation, jurisdiction was improper. Held: The fact of respondent's forcible abduction does not prohibit his trial in a United States court for violations of this country's criminal laws. U.S. v. Alvarez-Machain, 504 U.S. 655 (1992). I mean can a country just bring to jail any youtuber outside its borders ( using its national language as the language of the video ) who uploads content of international appeal because of some law? If the country can manage to arrest the person, yes. There are high profile cases from Saudi Arabia where that has happened. See, e.g., here and here (a blogger and his sister arrested in Saudi Arabia, while his wife and children flee to Canada), here (journalists for Lebanese periodical arrested in Saudi Arabia in relation to years old publications) here (more journalists arrested in Saudi Arabia), here (&quot;A male Saudi Arabian teenager has been arrested in Riyadh over a series of online videos of conversations between him and a female Californian streaming-video star that went viral.&quot;), here (Yemeni blogger), and here (Washington Post journalist tortured and killed in Saudi Arabian embassy in Turkey at the direction of a senior member of the Saudi Arabian royal family). Also can a country just hold liable for youtube's data privacy practices a youtuber outside its borders and enforce the judgement if the practices of both youtuber and their chanell and youtube is legal in their home country? A country can hold anyone liable for anything its domestic laws allow it to hold someone liable for, and can enforce that judgment against any assets it can exert power over. Some countries with similar legal systems recognize each other's court judgments widely. Countries with very different legal systems often don't recognize each other's judgements. For example, most European countries do not recognize U.S. money judgment for torts (i.e. civil wrongs such as personal injury awards). Similarly, the U.S. does not recognize most foreign defamation judgments, and does not recognize most judgments of Saudi Arabian courts. One last thing is wether inclusion of ads make a difference? Usually not. But it can matter for purposes of assertions of lawsuit liability over someone outside the jurisdiction seeking to impose liability for something that harmed someone in their country. If conduct amounts to &quot;doing business&quot; in the country seeking to impose liability or amounts to a &quot;purposeful availment&quot; of the laws of the country seeking to impose liability in some why, an imposition of extraterritorial liability is more likely, and that tends to happen more in cases where there are ads that are commercial targeting the people of the country where the courts seek to impose liability.
2019 Manual for Courts-Martial, Rule 916(h): (h) Coercion or duress. It is a defense to any offense except killing an innocent person that the accused’s participation in the offense was caused by a reasonable apprehension that the accused or another innocent person would be immediately killed or would immediately suffer serious bodily injury if the accused did not commit the act. The apprehension must reasonably continue throughout the commission of the act. If the accused has any reasonable opportunity to avoid committing the act without subjecting the accused or another innocent person to the harm threatened, this defense shall not apply. So, if your hypothetical soldier asserts they had a reasonable apprehension that they would have immediately suffered serious bodily injury if they didn't reveal the intelligence, then they should not be convicted by a court-martial, unless the prosecution can prove beyond a reasonable doubt that this was not the case (Rule 916 (b)(1)).
We need to assume that the stop was legal (not a high hurdle to clear), that is, there was some reason to stop you. Even so, following Utah v. Strieff, police don't actually have to have a reasonable suspicion to stop you and if in the course of an ID check they discover that you have a warrant out for your arrest, the arrest is still legal. So if the police stop you, RCW 46.61.020(1) says: It is unlawful for any person while operating or in charge of any vehicle to refuse when requested by a police officer to give his or her name and address and the name and address of the owner of such vehicle, or for such person to give a false name and address, and it is likewise unlawful for any such person to refuse or neglect to stop when signaled to stop by any police officer or to refuse upon demand of such police officer to produce his or her certificate of license registration of such vehicle, his or her insurance identification card, or his or her vehicle driver's license or to refuse to permit such officer to take any such license, card, or certificate for the purpose of examination thereof or to refuse to permit the examination of any equipment of such vehicle or the weighing of such vehicle or to refuse or neglect to produce the certificate of license registration of such vehicle, insurance card, or his or her vehicle driver's license when requested by any court. Any police officer shall on request produce evidence of his or her authorization as such. There is no law that says "you have to provide ID only if accused of a crime", or "police can pull you over only if you are suspected of a crime". Various traffic infractions will get you pulled over but are not crimes; random sobriety checks are legal. However, note that the requirement to provide ID applies to the operator. There is no law requiring citizens to carry identification papers (but there is a law requiring a vehicle operator to carry a specific form of ID). In some states there are "stop and identify" laws which allow police to demand ID from a person suspected of a crime, but Washington does not have such a law.