The Illustrated Guide to Criminal Law
Chapter 12: I Was Entrapped!
Entrapment pg 25: Opportunity Isn’t Entrapment
Zeke explaining himself
ZEKE
I know where you’re going with this, but my case is different.
When the police just stood there and let us go on the bridge, they led me to believe that it was okay, that we weren’t doing anything wrong—I’m a law abiding citizen!
COUNSEL
Sorry, Zeke, but that’s still not entrapment.
Maybe we have a Mistake defense (I’ll have to read how the ordinance is written). But as for Entrapment, you were already inclined to block the bridge. The cops only gave you the opportunity to do so.
Is there any similar principle to concept of mitigation of damages that apply to the state?
But the protestors weren’t inclined to “block” the bridge, were they? The example stated that the protestors were walking onto the City Hall Bridge, then were suddenly arrested once they were ON the bridge.
Nowhere did it say they were occupying, or staying on the bridge. They were USING a bridge, as intended.
The scenario is really fascinating to me in its nuances. They technically did block the bridge, by having their crowd covering the entirety of it (as seen in the accompanying image). I am starting to assume that this is why protests require permits and advance notice, so that any bridge on the protest path can be rendered as “out of order” beforehand. It was mentioned this protest didn’t have a permit. Even if it wasn’t the intent, at one point the bridge was completely blocked, and therefore the law broken.
It might seem counterintuitive to schedule and require a permit for a protest, but in this case it almost seems like it is for the protection of the protesters. What a wild thought.