criminal law · defense
Entrapment is a legal defense claiming that law enforcement induced an individual to commit a crime that they would not have otherwise committed. The defense asserts that the government effectively initiated the criminal conduct, thus violating the defendant's rights.
There must be evidence showing that government agents or officials were involved in persuading or coercing the defendant to commit the alleged crime.
What to prove: It must be shown that the defendant's criminal actions were prompted by the authorities rather than their own predisposition.
The defendant must demonstrate that they were not predisposed to commit the crime prior to the government's encouragement or persuasion.
What to prove: Show that the defendant would not have committed the crime without the illegal inducement by law enforcement.
The burden is on the defendant to prove both elements of entrapment by a preponderance of the evidence.
Focus on distinguishing between predisposition and government inducement; practice analyzing fact patterns where coercion is subtle.