What Does Entrapment Mean in a Legal Case?

What Does Entrapment Mean in a Legal Case?

In criminal law, entrapment refers to improper conduct by police or government agents inducing a defendant to commit a crime they otherwise would not have. When successfully argued, entrapment can constitute a complete defense resulting in acquittal.

This article examines the legal concept of entrapment as a defense in criminal cases. We’ll cover the elements required to prove entrapment, examples from real cases, how it interacts with predisposition, standards for police conduct, and more. Understanding this complex affirmative defense is key for defendants.

Origin of the Entrapment Defense

The defense of entrapment first emerged in the early 20th century as courts recognized that overzealous law enforcement tactics could improperly manufacture crime. The defense balances prohibiting police overreach with still permitting undercover operations.^[1]

Elements of the Entrapment Defense

To assert an entrapment defense, the following elements must be shown^[2]:

• Police induced the defendant to commit the offense
• The defendant was not otherwise predisposed to commit the crime

Both inducement by law enforcement and lack of predisposition are required.

Inducement by Police

Inducement involves police conduct that persuades an otherwise innocent person to commit a crime. This includes tactics like^[3]:

• Repeated and harassing requests
• Threats or intimidation
• Fraudulent representations
• Providing tools to commit the crime
• Preying on sympathy or friendship

The focus is on improper police pressure and manipulation.

No Predisposition to Commit the Crime

The defense also requires proving the defendant was not already inclined to commit the offense. Relevant factors include^[4]:

• No prior criminal record
• No planning of or preparation for the crime
• Hesitation or reluctance before committing crime

If predisposition exists, entrapment will fail since police merely provided an opportunity for criminality.

Burden of Proof for Entrapment

The burden is on the defense to prove both inducement and lack of predisposition by a preponderance of evidence^[5]. However, the prosecution still must prove guilt beyond a reasonable doubt.

Entrapment in Drug Crime Cases

Many entrapment claims arise in drug cases where informants persistently request drugs from reluctant defendants. Tactics like:^[6]

• Repeatedly badgering defendants to provide drugs
• Offering inflated prices
• Exploiting sympathy or friendship

May constitute improper inducement in the eyes of courts.

Entrapment in Sex Crime Cases

Entrapment defenses also occur in sex crime stings where police use attractive undercover officers to aggressively initiate sexual advances. Requests that overcome reluctance can demonstrate unacceptable police conduct.

Subjective vs. Objective Standards for Entrapment

Jurisdictions apply either a subjective or objective test for entrapment:

• Subjective – Focuses on the particular defendant’s susceptibility to inducement
• Objective – Examines whether police conduct would induce an average law-abiding person

New Jersey follows the subjective standard in evaluating entrapment claims.

Outrageous Government Conduct

Even if entrapment is not proven, the defense may still argue police exceeded the standards of proper investigation. Known as “outrageous government conduct”, it focuses solely on impropriety of law enforcement actions rather than the defendant’s predisposition.

Consulting an Attorney Regarding Entrapment

Raising entrapment as a defense requires guidance from an experienced New Jersey criminal defense lawyer. The complex issues of improper inducement versus predisposition demand legal expertise to litigate effectively.

Before admitting guilt based on police misconduct, discuss your case with counsel. With effective advocacy, entrapment could potentially provide a basis for defeating the charges.

¹
https://www.law.cornell.edu/wex/entrapment

²
https://www.justia.com/criminal/defenses/entrapment/

³
https://www.justia.com/criminal/defenses/entrapment/

⁴
https://www.justia.com/criminal/defenses/entrapment/

⁵
https://www.justia.com/criminal/defenses/entrapment/

⁶
https://www.justia.com/criminal/defenses/entrapment/drug-crimes/
https://www.justia.com/criminal/defenses/entrapment/sex-crimes/
https://www.justia.com/criminal/defenses/entrapment/subjective-v-objective-standards/
https://www.justia.com/criminal/defenses/entrapment/outrageous-government-conduct/