What is Entrapment? Everything You Need To Know

Entrapment is a legal term that refers to the act of law enforcement officials inducing or persuading an individual to commit a crime that they would not have committed otherwise.

The practice of entrapment is discouraged in many jurisdictions and is available as a defense against criminal liability.

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In this article, we will explore the concept of entrapment in detail.READ MORE:What Is Mistaken Identity? Strategies for Proving Innocence

What is Entrapment?

Entrapment is the act of a law enforcement official luring a person into committing a crime, so that the person can be prosecuted.

It is the conception and planning of an offense by an officer or agent, and the procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer or state agent.

The act of entrapment involves two main parties: the entrapping party and the party that the entrapping party intends to entrap.

We call the first the ‘‘agent’’ and the second the ‘‘target’’.

Examples of Entrapment

Entrapment can take many forms.

For instance, a law enforcement official may induce someone not normally disposed to commit a crime to engage in a criminal act.

In such cases, the defense of entrapment may be available if the accused person can show that a law enforcement.

For example, if Amelia’s friend, Stephanie, talks her into taking a bag of marijuana to the park for Robert, who will pay her $40. Amelia is to return the money to Stephanie.

Someone learns of Amelia’s intention to sell drugs to Robert in Stephanie’s place, and informs the police.

At the park, a police officer, claiming to be Robert, exchanges $40 for the bag of drugs in Amelia’s possession.

In this example, entrapment did not occur, as Amelia was not talked into selling drugs by the police officer, he merely intercepted the sale.

The Principle of Entrapment

The principle of entrapment has been developed over the years through case law, rather than through legislation.

The courts have developed two different tests to determine whether entrapment has taken place in any given case.

The subjective test requires that a law enforcement official created the intent to engage in the illegal act in the mind of the defendant, and that the defendant was not inclined to commit the crime, or to commit crimes of the same type, before being lured into it by the police officer.

This test is considered subjective because it depends on what actually persuaded the defendant to commit the crime.

The objective test considers the law enforcement official’s conduct.

What is the difference between entrapment and coercion?

Entrapment and coercion are two different concepts in the legal system.

Entrapment is when a law enforcement official induces an individual to commit a crime that they would not have committed.

Coercion, on the other hand, is when someone is forced to do something against their will.

For example, if a police officer convinces someone to sell drugs to an undercover agent, that would be considered entrapment.

If someone is threatened with violence unless they commit a crime, that would be considered coercion.

In summary, entrapment involves the inducement of someone to commit a crime by a law enforcement official.

While coercion involves the use of force or threats to make someone commit a crime.

Conclusion

Entrapment is a concept that involves the act of law enforcement officials inducing an individual to commit a crime.

The practice of entrapment is discouraged in many jurisdictions and is available as a defense against criminal liability.

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