Course: Introduction / Criminal Law
Entrapment is a type of criminal defense where the accused claims that they would not have done the criminal act if it were not for substantial encouragement by police.
Entrapment is a type of defense used in criminal law where the accused claims that they only committed a crime because of the substantial encouragement or inducement of a law enforcement officer. In other words, the defense of entrapment is when the defendant claims that they were coerced or persuaded into committing the crime.
The defense of entrapment is based on the idea that the government should not be able to create crimes and then prosecute individuals for those crimes. The defense recognizes that law enforcement officers have a duty to enforce the law but also acknowledges that they cannot create crimes where they did not previously exist.
Under the Model Penal Code, the defense of entrapment is available when a law enforcement officer induces a person to commit a crime that they were not predisposed to commit. In order to successfully claim entrapment, the defendant must show that they were induced by the government’s conduct to commit the crime and that they did not have the predisposition to commit the crime before the inducement occurred.
Mere solicitation by law enforcement is not sufficient to constitute entrapment. The inducement must go beyond mere solicitation and must be so significant that it would cause a reasonable person to commit the crime. The defense of entrapment is also not available if the defendant was already predisposed to commit the crime before the law enforcement inducement occurred.
The defense of entrapment is a difficult one to prove in court. It requires the defendant to show that they were induced to commit the crime and that they did not have the predisposition to commit the crime before the inducement occurred. In addition, the defendant must be able to prove that the law enforcement conduct was so significant that it would cause a reasonable person to commit the crime.
The defense of entrapment is most commonly used in cases involving drug crimes or other types of undercover law enforcement operations. For example, if an undercover officer poses as a drug dealer and convinces a person to buy drugs, the person may be able to claim entrapment as a defense.
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Last Modified: 04/09/2023