Here's a breakdown of the concept:
What is entrapment?
Entrapment is a legal defense where a defendant argues that they were tricked or coerced by law enforcement into committing a crime. To successfully use this defense, the defendant needs to prove:
1. Government inducement: The government (law enforcement) actively encouraged or persuaded the defendant to commit the crime. This could involve:
* Repeatedly offering opportunities to commit the crime.
* Using threats or coercion.
* Providing the means to commit the crime (e.g., drugs or weapons).
2. Lack of predisposition: The defendant was not predisposed to commit the crime before the government's involvement. This means they weren't already planning or actively seeking to commit the crime.
Example:
Imagine a person who has never dealt drugs before but is approached by an undercover police officer who repeatedly offers them the opportunity to sell drugs. If the officer persistently pressures the person and eventually convinces them to sell drugs, the person might have a strong entrapment defense.
Important Considerations:
* Subjective vs. Objective: The entrapment defense can be analyzed using a subjective or objective approach:
* Subjective: Focuses on the defendant's mindset and whether they were predisposed to commit the crime.
* Objective: Focuses on the government's conduct and whether it was so outrageous that it would induce an otherwise innocent person to commit the crime.
* Burden of Proof: The defendant typically carries the burden of proof in an entrapment defense.
* Not a universal defense: Entrapment is not a guaranteed defense. The prosecution can argue that the defendant was predisposed to commit the crime or that the government's actions weren't sufficiently outrageous to constitute entrapment.
In conclusion:
Contrapment is a complex legal concept that requires careful consideration of the facts and circumstances of each case. It's important to remember that this defense is not applicable in every situation, and the burden of proof lies with the defendant. If you believe you might have a case of entrapment, you should consult with a qualified attorney.