Entrapment is a legal concept that describes the situation when a person is induced, induced or otherwise encouraged to do something illegal which they would not have done otherwise. Entrapment typically occurs when a law enforcement officer, or someone working on behalf of a law enforcement agency, induces an individual to commit a crime of which they had no prior intention. There are two main types of entrapment: subjective entrapment and objective entrapment. Subjective entrapment is when a law enforcement officer manipulates a person into committing a crime by exploiting their weaknesses, such as addiction or mental illness. Objective entrapment occurs when the actions of the law enforcement officers are so outrageous or coercive that any reasonable person would not have committed the crime if not for the actions of the officers. Entrapment is considered a violation of due process, and if proven, can be used as a defense in criminal proceedings. Defendants must show that the government induced them to commit the crime, and that they had no prior intention to do so.
ENTRAPMENT
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FAQ
Another special rule for entrapment is that private citizens cannot entrap others. A private individual inducing another person to commit an illegal act has not committed entrapment, but has rather aided and/or abetted the crime in the eyes of the court.
Entrapment can be difficult to prove in court. However, if the defense can show that the criminal conduct was the result of entrapment, the charges against the defendant may be dropped, or the defendant may be acquitted at trial. Important to note: there is a standard for an entrapment defense.
Entrapment is defined as a situation in which a normally law-abiding individual is induced into committing a criminal act they otherwise would not have committed because of overbearing harassment, fraud, flattery or threats made by an official police source.
Entrapment may result from the use of threats, intimidation, extended fraud, or any other means where the defendant was essentially forced to commit a crime. For example, law enforcement officers could set up a sting operation for a suspected criminal to commit a burglary.
Entrapment is illegal, while sting operations are legal. That's why entrapment is a legal defense to criminal charges but can only be applied in certain cases. By definition, entrapment prohibits government agents from: Originating a criminal design.
Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v.
Further, the entrapment defense is only available where the entrapment was committed by either a law enforcement officer or someone working in cooperation with a law enforcement officer. Thus, if a person is induced to commit a crime by a private citizen, he cannot use the entrapment defense.