警察圈套又称诱惑侦查,就是警察设下某种圈套,诱人进行犯罪活动,从而取得犯罪证据。警察圈套在美国刑法中是作为基于个人特点的合法辩护事由出现的,如果警察圈套被证明成立,法院必须宣告被告人无罪。从刑法的价值、刑罚的目的看,“警察圈套”与现代司法与公正价值不符,因此,“警察圈套”的合法性值得质疑。 Police trap, also known as temptation to detect, is the police set up some kind of trap, tempting criminal activities, so as to obtain criminal evidence. The police trap appeared as a legitimate defense based on personal characteristics in American criminal law. If the police trap was proved, the court must declare the accused innocent. From the perspective of the value of criminal law and the purpose of criminal punishment, the “police trap” does not match the value of modern justice and fairness. Therefore, the legitimacy of the “police trap” is questionable.