The Entrapment Defense in Criminal Law Cases

At its core, entrapment is a legal doctrine that serves to protect individuals from police misconduct. It’s a defense used in criminal law cases when a person has been coerced by law enforcement to commit a crime that they would not have committed otherwise. In other words, entrapment can be used to prove that a criminal act was not a voluntary act, but instead was the product of being entrapped and manipulated by law enforcement.

Definition of Entrapment

Entrapment is a legal defense that can be used to prevent criminal liability when a person has been tricked, coerced, or forced into committing a crime by law enforcement. The defense is based on the idea that a person should not be liable for criminal activity if they were manipulated or induced by law enforcement into committing a crime. Entrapment is a criminal defense that can be used to protect individuals from being taken advantage of by law enforcement.

The Elements of Entrapment

In order for entrapment to be successfully argued in court, two elements must be established. First, the defendant must have been induced by law enforcement into committing a crime that they would not have committed otherwise. Second, the defendant must have lacked the predisposition to commit the crime in the first place. If both of these elements are proven in court, the defendant may be able to successfully argue entrapment and be acquitted of the crime.

Types of Entrapment

There are two main types of entrapment. The first is known as “objective entrapment,” which occurs when a law enforcement officer uses extreme and improper tactics to induce a person to commit a crime. For example, if a police officer were to offer a large sum of money to an otherwise law-abiding citizen in exchange for committing a crime, this would be considered objective entrapment. The second type of entrapment is known as “subjective entrapment,” which occurs when a law enforcement officer induces a person to commit a crime by exploiting a preexisting weakness or vulnerability. For example, if a police officer were to target an individual suffering from drug addiction or mental illness and use this to induce them to commit a crime, this would be considered subjective entrapment.

Entrapment in the Courtroom

Entrapment can be used as a defense in criminal proceedings. In order for the defense to be successful, the defendant must be able to prove that they were induced by the law enforcement officer into committing the crime. If the court finds that entrapment has occurred, the defendant may be acquitted of the crime. Additionally, if the court finds that the law enforcement officer used improper tactics, the defendant may be able to sue the police department for damages.

Entrapment and the Law

In the United States, entrapment is generally recognized as a valid defense in criminal law cases. The doctrine is based on the idea that law enforcement should not be allowed to coerce individuals into committing crimes. While entrapment is a valid defense, it is difficult to prove in court, and the burden of proof is on the defendant. Additionally, the defense is only available if the defendant was induced by law enforcement into committing a crime that they would not have committed otherwise.

Conclusion

Entrapment is a legal doctrine that can be used in criminal law cases to protect individuals from police misconduct. In order for entrapment to be successfully argued in court, the defendant must be able to prove that they were induced by law enforcement into committing a crime that they would not have committed otherwise. Additionally, the defendant must have lacked the predisposition to commit the crime in the first place. Entrapment is a valid defense in criminal proceedings, however it is difficult to prove in court and the burden of proof is on the defendant.