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.
The key is inducement. This means law enforcement goes beyond offering an opportunity and actively pressurise or persuades the defendant into committing the crime. Here are some examples of potentially problematic conduct:
1. Excessive Pressure Tactics: This includes strong encouragement, persuasion, or badgering the defendant into committing the act.
2. Threats or Intimidation: Using forceful tactics or threats of violence to coerce the defendant.
3. Deception Beyond Standard Undercover Operations: Entrapment goes beyond simply going undercover. For example, an officer may create a fake scenario to pressure someone into committing a crime they wouldn’t have otherwise considered.
4. Focus on Officer’s Actions and Influence:
- Focus on the officer’s actions, the core concept is that law enforcement created the criminal intent and pushed the defendant to act on it.
- The defendant wasn’t already predisposed to the crime; the officer’s actions were the primary influence.
For example, An officer convinces someone with no criminal history to commit a crime by offering them a significant amount of money they desperately need.