1. Government Inducement
- It is impossible for law enforcement, or anybody working on their behalf, to instill a criminal thought in your head and coerce you into carrying it out.
- It is insufficient to only provide a chance for criminal activity. Persuasion, aggressive encouragement, or even threats are used in entrapment.
2. Predisposition
- The accused party must not have been inclined to perpetrate the offense prior to being contacted by law enforcement.
- This indicates that even in the absence of the officer’s influence, they probably would have committed the crime.
3. The Burden of Proof
- Usually, the onus is on the defendant to demonstrate entrapment by a preponderance of the evidence.
- This entails demonstrating a greater likelihood than not that they were tricked.
Entrapment: Legal Standards, Criteria & Role of Law