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What is Entrapment Laws, Charges and Statute Of Limitations

June 24, 2020 Federal Criminal Attorneys

Entrapment in itself is a form of defense that you can use and occurs when you commit a crime that otherwise would not have happened, or when the law enforcement agencies lead you on to commit a crime. The law assumes that you only committed the crimes because of coercion and not under their volition. It is difficult for you to use entrapment as a form of defense since the element of intimidation by government officials to commit the crime must be proved.

The argument must clearly show you were not willing to commit the crime. The burden rests on you as a defendant to prove that you are innocent since entrapment is a form of an affirmative defense.

Entrapment Laws

The entrapment law allows you to prove that criminal activity is a product of intimidation. The jury evaluates the circumstances under which you committed the act.

You need to understand that the law falls into two main categories;

Objective Standard

The case in this category determines whether the law enforcement officers induced you to commit a particular crime. The jury will look at the law enforcers’ actions and establish if they led you on to commit the crime. Under the subjective standard, the panel will look into the tactics used by government officials on you as a defendant. The convincing of the jury beyond a reasonable doubt will entail proving that coercion led to a crime.

Subjective Standard

The cases in this category focus on whether you had a predisposition to commit a crime. Under this category, you will not become liable if you were encouraged by the law enforcers to undertake a certain crime.

As a defendant, you are required to prove the acts of the government enforcers was the motivation factor in committing the crime. You will be required to illustrate how the government officials’ actions were so overbearing to predispose you to commit the crime. It is important to note that it is hard for you to prove entrapment under the subjective standard category.

Only Government Agents Can Entrap

The entrapment law is aimed at curbing the conduct of the law enforcers or public official. The law deters these officials from coercing you to commit a crime. The act stipulates officials who lead you to commit a crime will face disciplinary actions for their actions.

Entrapment and Crimes Charges

It is not a crime for you to commit a crime as a result of intimidation. No charges will be framed against you for entrapment. If found guilty, the officers you interacted with to commit the crime will face disciplinary measures.

Entrapment Punishment

There is no legal form of punishment that has been stipulated as a means of punishing you for entrapment. The government officers involved in the coercing are subject to face disciplinary actions.

Based on the objective strategy, the jury will find you innocent if they are convinced that indeed you were coerced by law enforcers.

Under the Subjective standards, you will be found not guilty if you are found to have unwillingly committed the crime.

Entrapment Statute Limitations

Entrapment is a form of defense and not a criminal act. As a result, there are no statutes of limitations that govern entrapment.

Lawsuit

Your attorney will advise you on how best to file a suit based on entrapment laws to avoid being prosecuted for crimes. You must document the methods of coercion used by the government officials’ that led to the crime.

Conclusion

Entrapment provides an opportunity for a defendant to argue out the occurrence of criminal activity. As a defendant, you can use the entrapment law as a defense when charged with crimes. The entrapment laws demonstrate how the government officials coerced you to engage in a particular crime. Under this law, you will walk away on proving the coercion that could have led any other person to commit the crime.

It would be easier to argue your case under the objective as opposed to the subjective standard. However, you will be prosecuted for the crimes committed if you fail to show the link between coercion and the crimes committed. On the other hand, the government officials found guilty of leading you into committing a crime will face disciplinary actions.

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