Criteria for Establishing Entrapment

To claim entrapment, the defendant must show that:

1. Law enforcement or someone acting for them initiated the criminal activity. This means the officer planted the idea of the crime in the defendant’s mind, not the other way around.

2. The officer used more than just an opportunity. Simply providing a chance to commit a crime isn’t enough. There needs to be evidence of the following:

  • Excessive Pressure or Persuasion: The officer heavily encouraged or badgered the defendant into committing the act.
  • Threats or Intimidation: The officer used forceful tactics to coerce the defendant.
  • They were not already planning or willing to commit the crime. The officer’s actions didn’t create the criminal intent; they merely presented an opportunity the defendant wouldn’t have otherwise pursued.
  • Deception goes beyond a simple undercover operation.

Entrapment: Legal Standards, Criteria & Role of Law

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What is Entrapment?

Entrapment is a defense to criminal accusations, and it’s based on interaction between police personnel and the defendant before (or during) the claimed offense. When law enforcement officials employ pressure and other oppressive methods to persuade someone to commit a crime, this is a common entrapment situation. Entrapment laws serve as a restraint on excessive behavior by public servants, including police personnel. In cases where private parties persuade offenders to commit crimes, an entrapment argument does not apply....

Legal Standards for Entrapment

1. Government Inducement...

Criteria for Establishing Entrapment

To claim entrapment, the defendant must show that:...

Role of Law Enforcement Conduct

Entrapment hinges on the type of conduct employed by law enforcement. Merely providing an opportunity to commit a crime like an undercover officer posing as a buyer in a drug sting generally isn’t enough....

Conclusion

If actions by law enforcement officials would probably persuade a generally law-abiding individual to commit a crime, entrapment is a defense that can be used to explain why the defendant committed the alleged offense. It is the defendant’s responsibility to establish entrapment through a preponderance of the evidence. Law enforcement officials may offer opportunities for crimes to be committed, but they are not permitted to use oppressive tactics like badgering, enticing or cajoling, intimidating, or any other actions that would lead a person who would otherwise follow the law to commit a crime....

Entrapment- FAQs

Which two inducements are most frequently used in entrapment activities?...