Entrapment

Definition

Entrapment is a legal defense used in criminal cases that argues a defendant was induced or persuaded by law enforcement to commit a crime they would not have otherwise committed. This defense highlights the idea that the government's actions can transform an innocent person into a criminal through coercive tactics or manipulation. Essentially, it questions the fairness of prosecuting someone for a crime when they were led to commit it by the very entity tasked with upholding the law.

5 Must Know Facts For Your Next Test

1. Entrapment is usually evaluated based on whether law enforcement's actions created a substantial risk that an innocent person would commit a crime.
2. There are two main tests for entrapment: the subjective test, which focuses on the defendant's predisposition to commit the crime, and the objective test, which considers whether law enforcement's conduct would induce a reasonable person to commit the crime.
3. If successfully proven, entrapment can lead to the dismissal of charges against the defendant.
4. The concept of entrapment is rooted in the principle that the government should not create criminals by encouraging illegal behavior.
5. Entrapment defenses are often scrutinized in court, and outcomes can vary widely based on jurisdiction and specific case details.

Review Questions

• How does entrapment challenge the notion of criminal intent in legal cases?
  • Entrapment directly challenges the concept of criminal intent because it argues that a defendant may not have had the intention to commit a crime without undue influence from law enforcement. The essence of this defense is that it highlights how government agents can manipulate individuals into committing acts they normally would not consider, thereby questioning whether true criminal intent was present. This shifts the focus from just the act itself to the motivations and circumstances surrounding it.
• Discuss how entrapment serves as an affirmative defense and what implications this has for prosecution.
  • Entrapment serves as an affirmative defense by allowing defendants to admit they committed the act but argue that they were induced into committing it due to law enforcement's actions. This has significant implications for prosecution because if the defense can successfully prove entrapment, it undermines the prosecution's case by suggesting that the defendant's free will was compromised. As a result, it calls into question whether justice is being served when individuals are prosecuted for crimes they were manipulated into committing.
• Evaluate the ethical considerations surrounding entrapment in law enforcement practices and its impact on public trust in the judicial system.
  • Evaluating entrapment raises important ethical considerations regarding law enforcement practices and their potential to undermine public trust in the judicial system. When police use aggressive tactics to induce individuals into committing crimes, it raises questions about fairness and integrity within law enforcement. Critics argue that such tactics can lead to wrongful convictions and erode trust between communities and police, as citizens may feel targeted rather than protected. This ethical dilemma highlights the need for balance between effective policing strategies and respect for individual rights.

Related terms

Criminal Intent: The mental state or intention of a person to commit a crime, which is often a crucial element in determining guilt.

Affirmative Defense: A type of defense in which the defendant admits to committing the act but argues that there was justification or excuse for it.

Due Process: The legal requirement that the state must respect all legal rights owed to a person, ensuring fair treatment through the judicial system.