UNRAVELLING THE SNARE: DISSECTING THE INTERPLAY OF ENTRAPMENT IN INVESTIGATIVE JOURNALISM AND ITS REPERCUSSIONS IN GHANA'S CRIMINAL JUSTICE SYSTEM
In democratic societies, the media, often dubbed the ‘Fourth Estate,’ serves as a critical watchdog, safeguarding transparency and accountability. Yet, an unsettling trend is emerging in Ghana’s investigative journalism, namely, the use of entrapment to unveil corruption and other illicit activities. While effective in unmasking wrongdoers, entrapment raises serious ethical and legal quandaries that can jeopardise the integrity of criminal investigations and judicial proceedings. This paper offers an in-depth analysis of the legal and ethical ramifications of entrapment within Ghana’s legal landscape. It posits that entrapment not only risks impairing the fairness of trials but also erodes public confidence in the judicial system and potentially violates the rights of the accused. A focal point of this inquiry is whether entrapment could negate mens rea, a cornerstone in establishing criminal liability. Drawing on an array of decided cases, statutes, and legal and ethical theories, this paper aims to contribute to the body of knowledge dissecting the complex interplay between investigative journalism and criminal prosecution in Ghana. The paper culminates in a clarion call for a comprehensive reevaluation of entrapment practices, advocating for the formulation of stringent legal frameworks to uphold individual rights and fortify the integrity of Ghana’s judicial system.
