a honey pot can be used in different ways, from what i know the FBI started setting up honeypots so they could collect evidence before arresting a cracker or scriptkiddy.
Really? No wonder so many crackers and kiddies don't get jail time. That's "entrapment". Take a look at Lance Spitzner's discussion about the legalities of Honeypots, including entrapment and privacy issues (yes, privacy... go figure eh?)