Homework on Elizabeth Joh, Breaking the law to enforce it
You can skip all the footnotes
Read the introduction (pp. 156-160)
Read section I.D, Participation in crime (pp. 164-168)
Read section II.A Direct liability (pp. 168-169)
Read section III, The Harms of Police Participation in Criminal Activity (pp. 181-191)
All answers must be in your own words.
1a. Give an example of a normally illegal act that does satisfy the "public authority defense." (1-2 sentences)
b. Give an example of a normally illegal act that does NOT satisfy the public authority defense. (1-2 sentences)
2. What are Joh's concerns about a lack of transparency around authorized crimes? (1-3 sentences)
3. Give an example not discussed in the reading of police use of discretion. Note that the word "discretion," as it is used in the reading, does NOT mean what the words means in ordinary English. It is a technical legal term. If you aren't sure you understand what it means, do some additional research. (1-2 sentences)
4. What are Joh's concerns about giving police excessive discretion to commit crimes? (1-3 sentences)
5. What do you think the rules should be for authorized crimes? Who should make the authorization decision, should there be a publically known procedure for authorization, and what kinds of crimes should be authorized or not authorized?