Definition

Entrapment is a legal term that refers to a situation in which a law enforcement officer deceives, persuades, or induces an individual to commit a crime that they had no intention or predisposition of committing.

Overview

Entrapment is considered a defense strategy in criminal law when individuals are charged with an offense as a result of being enticed or coerced by law enforcement agents. The basis of this defense is that the government should not be permitted to create crimes and then prosecute individuals for those crimes.

Elements

In order to establish an entrapment defense, certain elements must be present:

  • Government involvement: There must be active participation or involvement of government agents or officials in the criminal act.
  • Inducement: The government must have induced or persuaded the individual to commit the crime.
  • Lack of predisposition: The individual must prove that they had no previous predisposition or intent to commit the illegal act.

Subjective and Objective Tests

Two tests are commonly used to determine whether entrapment occurred:

  • Subjective test: This test looks at the defendant’s state of mind and examines whether they were predisposed to commit the crime. If the defendant already had the intent, the entrapment defense may not be successful.
  • Objective test: This test focuses on the actions of law enforcement officers. It evaluates whether their conduct was likely to induce an ordinary law-abiding person to commit the crime.

Result of Successful Defense

If an entrapment defense is successful, the charges against the defendant may be dismissed, and they may be acquitted of the alleged crime.

Notable Cases

There have been several notable cases where the entrapment defense was utilized, such as:

  • The case of United States v. Russell (1973): The Supreme Court ruled that government agents can provide opportunities or create situations for individuals to commit a crime without crossing the boundaries of entrapment.
  • The case of Jacobson v. United States (1992): The Supreme Court held that predisposition is a key factor in determining whether entrapment occurred and that undercover operations alone cannot establish entrapment.