Entrapment
Entrapment is a practice in which a law enforcement agent or an agent of the state induces a person to commit a crime that the person would have otherwise been unlikely or unwilling to commit. In US law, it is defined as “the conception and planning of an offense by an officer or agent, and the procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion or fraud of the officer or state agent”.
Police conduct rising to the level of entrapment is broadly discouraged and thus, in many jurisdictions, is available as a defense against criminal liability. Sting operations, through which police officers or agents engage in deception to try to catch persons who are committing crimes, raise concerns about possible entrapment.
Depending on the law in the jurisdiction, the prosecution may be required to prove beyond a reasonable doubt that the defendant was not entrapped or the defendant may be required to prove that they were entrapped as an affirmative defense.
In the practice of journalism and whistle-blowing entrapment means “deceptive and trust-breaking techniques … applied to trick someone to commit a legal or moral transgression.”
Entrapment is a legal defense in which a defendant claims that law enforcement or their agents induced them to commit a crime they were not otherwise willing to commit. It has two key elements: government inducement of the crime and the defendant’s lack of predisposition to commit it. This defense applies when law enforcement implants a criminal design in an innocent person’s mind, rather than just providing an opportunity for a pre-existing criminal to act.
Key components of the defense
- Government inducement: This means that law enforcement officers or their agents persuaded, pressured, or used fraud to get the defendant to commit the crime. Offering an opportunity to commit a crime is not the same as inducement.
- Lack of predisposition: The defendant must show they were not ready or willing to commit the crime before the government’s involvement. Evidence for this can include a lack of prior arrests, investigations, or other behavior indicating a propensity for the crime.
How it works
- The defense is only applicable when the criminal design originates with law enforcement, not the individual.
- If the defendant can show that the government induced the crime and they were not predisposed to commit it, they can use entrapment as a defense.
- The burden then shifts to the prosecution to prove beyond a reasonable doubt that the defendant was not entrapped, but was instead willing and ready to commit the crime without persuasion.
Limitations
- Not a defense for all crimes: Entrapment is typically used in cases involving victimless crimes, such as drug offenses. It is generally not a valid defense for violent crimes like murder or rape.
- Private citizens: The defense does not apply if a private citizen, not a government agent or informant, induces the crime.
AI responses may include mistakes.
[1] https://www.mad.uscourts.gov/resources/pattern2003/html/patt28vo.htm
[2] https://www.justice.gov/archives/jm/criminal-resource-manual-645-entrapment-elements
[3] https://www.law.cornell.edu/wex/entrapment