What Is Entrapment?

An actual entrapment defense bears little resemblance to how it’s shown in movies and television. Entrapment occurs when a law enforcement officer, government agent, or undercover officer induces a law-abiding citizen to commit a crime. For example, a person facing solicitation charges​ may argue that they only engaged in the crime because an undercover officer or other government agent posing as a prostitute followed them for several blocks, complimenting them until they agreed to hire them.

In this article, we’ll discuss what entrapment entails, including the elements of an entrapment defense. We’ll also explain how to successfully prove an entrapment claim.

If you’re facing criminal charges and believe a law enforcement agent entrapped you, it’s a good time to contact a local criminal defense lawyer​. Proving entrapment requires a skilled attorney on your side.

Definition of Entrapment Under Criminal Law

Federal and state laws vary in how they define entrapment. In general, entrapment is a defense in a criminal case​ that claims a government agent induced a law-abiding person to engage in criminal conduct they otherwise wouldn’t have committed on their own.

A claim of entrapment is an affirmative defense. To be effective, the defendant must first present some evidence of government inducement. The specific burden of proof varies by jurisdiction, but the defendant must prove entrapment by a preponderance of the evidence.

Once a defendant presents evidence of inducement, the burden shifts to the prosecution to prove beyond a reasonable doubt​ that the individual was predisposed to commit the crime. The state must demonstrate that the defendant would have committed the criminal act regardless of the government agent‘s actions.

Effectively presenting a defense of entrapment is difficult. There’s no shame in getting a skilled defense attorney on your side.

State Entrapment Laws: Objective Standard Vs Subjective Standard

When it comes to entrapment laws, every state is different. Some follow an objective standard of entrapment, while others use a more subjective standard. The federal Department of Justice​ and most states follow the subjective approach. However, some jurisdictions still adhere to an objective standard.

In those states that apply an objective test for entrapment, such as New York, the focus is on law enforcement methods and whether they created a substantial risk that the offense would be committed by a person not otherwise disposed to commit it. Under this standard, the question is whether police tactics would have induced a normally law-abiding person to commit the crime. A defendant with no criminal history could have significant sway with a judge or jury when it comes to proving entrapment.

In contrast, states that follow a subjective standard of entrapment focus primarily on the defendant’s predisposition to commit the crime, with less emphasis on police conduct. Under the subjective test, even aggressive police tactics may not constitute entrapment if the defendant was predisposed to commit the offense. Evidence of prior similar criminal conduct or the defendant’s ready willingness to commit the crime may defeat an entrapment claim, regardless of police pressure.

Elements of a Successful Entrapment Defense

A successful claim of entrapment requires that the defendant prove two things. First, they must demonstrate that a law enforcement official or other government agent induced​ them to engage in criminal conduct.

The defendant must also show that they did not have a predisposition to commit the crime before meeting the police officer, undercover agent, or other government agent. The absence of a criminal history can go a long way toward proving that the accused would never engage in criminal activity under normal circumstances.

Inducement

Entrapment means that a police officer or other government agent caused an ordinary, law-abiding citizen to commit a crime. This element can be proven in several ways. For example, showing that an undercover officer​ threatened to harm your family if you didn’t sell them cocaine may be considered inducement.

Other types of inducement include the following:

• Fraud
• Duress
• Coercion​
• False promises
• Offering inflated rewards

This list is not exhaustive. The types of inducement depend on the nature of the crime and the specific circumstances. To succeed in a defense of entrapment, the defendant must first prove that law enforcement or another government agent induced them to engage in criminal behavior.

Predisposition

In addition to demonstrating inducement by the government, the defendant must also prove that, before the entrapment, they did not have a predisposition to commit the alleged crime. The accused must demonstrate a lack of predisposition​ to engage in criminal behavior.

This can be accomplished in several ways, including:

• Submitting proof of a clean criminal history
• Introducing character witnesses​
• Having experts testify as to the defendant’s predisposition
• Witness statements​
• Recordings and other communications that support the claim of inducement

If you successfully prove your entrapment defense at trial, the result should be a not guilty verdict.

Entrapment vs. Legal Police Tactics

It’s important to understand the difference between entrapment and legal police tactics. For example, police officers are allowed to conduct sting operations​ to combat crime. These operations are commonly used for drug crimes, prostitution, and illegal gambling.

There is also nothing wrong with the police employing legitimate undercover operations. Law enforcement agencies often use undercover officers​ to infiltrate criminal enterprises and criminal organizations. Just because a defendant can prove they were arrested as a result of a sting operation or undercover operation does not mean they were the victim of entrapment. If a criminal defendant cannot prove both inducement and the lack of predisposition, their entrapment defense will fail.

Contact a Criminal Defense Attorney To Discuss Your Case

If you or a loved one is facing criminal charges, it’s a good idea to contact an experienced criminal defense lawyer. This is especially true if you believe your arrest was the result of entrapment. An attorney will review the evidence, explain your options, and present a valid defense of entrapment in court if it applies.