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.

Key Takeaways:

  • The person who is being charged with entrapment must not be a private citizen but rather a government agency, such as a law enforcement officer.
  • Entrapment is not only about giving someone the chance to commit a crime; it also requires enticement or compulsion to do a crime.
  • If the agent had not used harassment, deception, threats, or other illegal tactics to encourage the defendant to commit the offense, the defense must be able to demonstrate by a majority of the evidence that the defendant would not have done so.
  • The burden of evidence is with the defendant asserting entrapment because it is an affirmative defense rather than a criminal offense. This implies that in order to use entrapment as a defense for acquittal, the defendant must provide proof of the crime.

Table of Content

  • Legal Standards for Entrapment
  • Criteria for Establishing Entrapment
  • Role of Law Enforcement Conduct
  • Conclusion
  • Entrapment- FAQs

Entrapment: Legal Standards, Criteria & Role of Law

Similar Reads

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?...