Entrapment is a legal concept that refers to the deliberate inducement of a person to commit a crime by law enforcement officers or other government agents. Entrapment is a defense to criminal charges, on the basis that the criminal conduct was a result of entrapment and not the defendant's intent or predisposition to commit such an offense. There are two types of entrapment: subjective entrapment and objective entrapment. Subjective entrapment is when a law enforcement officer or government agent induces a person to commit a crime by means of coercion, threats, promises, or fraud. This type of entrapment is based on the defendant's intent or predisposition to commit the crime. Objective entrapment is when a law enforcement officer or government agent creates a situation in which a law-abiding person is likely to commit a crime, such as through an elaborate sting operation. This type of entrapment is based on the fact that the defendant's conduct is not indicative of a criminal intent or predisposition.
ENTRAPMENT
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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.
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 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.
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.
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 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 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.