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