What is entrapment?

Entrapment is a legal defense that argues the defendant committed a crime because they were induced or coerced by law enforcement to do so. It essentially asserts that the crime wouldn't have occurred without the government's intervention. Here's a breakdown:

• Definition: <a href="https://www.wikiwhat.page/kavramlar/Entrapment%20Definition">Entrapment Definition</a> focuses on whether the idea for the crime originated with the police and whether the defendant was predisposed to commit the crime.

• Key Elements: There are typically two key elements to a successful entrapment defense:

  • Government Inducement: <a href="https://www.wikiwhat.page/kavramlar/Government%20Inducement">Government Inducement</a> refers to the actions of law enforcement (or their agents) that create a substantial risk that an unpredisposed person would commit the offense. This can include persuasion, pressure, threats, flattery, or repeated requests.
  • Lack of Predisposition: <a href="https://www.wikiwhat.page/kavramlar/Lack%20of%20Predisposition">Lack of Predisposition</a> means the defendant was not already inclined to commit the crime before the government's involvement. The prosecution often tries to prove the defendant's predisposition by showing prior offenses, eagerness to participate in the crime, or possession of necessary tools.

• Subjective vs. Objective Tests: Jurisdictions differ on how they assess entrapment:

  • Subjective Test: <a href="https://www.wikiwhat.page/kavramlar/Subjective%20Test">Subjective Test</a> (the more common approach) focuses on the defendant's predisposition. Did the defendant have a pre-existing intent to commit the crime?
  • Objective Test: <a href="https://www.wikiwhat.page/kavramlar/Objective%20Test">Objective Test</a> considers whether the police conduct was so egregious that it would have induced a normally law-abiding citizen to commit the crime.

• Burden of Proof: The burden of proof typically rests on the defendant to present some evidence of entrapment. If they do, the burden then shifts to the prosecution to prove beyond a reasonable doubt that the defendant was not entrapped.

• Examples: Examples can include undercover officers pressuring someone to buy drugs when they had no prior intention of doing so, or repeatedly soliciting someone to participate in illegal activity until they finally give in.

• Limitations: The defense of entrapment is not available if the defendant was already predisposed to commit the crime. Simple opportunity creation by law enforcement usually isn't considered entrapment.