Entrapment is a legal defense used when a person is accused of committing a crime but claims that they were induced or coerced into committing the offense by law enforcement or government agents. This defense is based on the principle that the government should not be allowed to create crimes or lead individuals into criminal conduct that they would not have otherwise engaged in. In this comprehensive explanation, we will delve into the concept of entrapment, its legal standards, examples, and its significance in criminal law.

The Concept of Entrapment

Entrapment revolves around the idea that individuals should not be held criminally liable for actions they were not predisposed to commit. It is rooted in the principle of fairness and aims to protect individuals from government overreach and manipulation. The two key elements of entrapment are:

  • Inducement: The government or its agents must induce or encourage an individual to commit a crime they would not have otherwise committed.
  • Lack of Predisposition: The defendant must demonstrate that they were not predisposed or inclined to commit the crime independently, without government intervention.

Legal Standards for Entrapment

Different jurisdictions have varying standards for evaluating claims of entrapment. Two common standards include:

  • Subjective Standard: Under the subjective standard, the focus is on the defendant’s state of mind. It examines whether the defendant had a predisposition to commit the crime before the government’s inducement. If the defendant lacked predisposition and was induced by the government, entrapment may be established.
  • Objective Standard: The objective standard shifts the focus to the government’s actions. It assesses whether the government’s inducement was excessive, unreasonable, or likely to persuade a law-abiding person to commit the crime. If the inducement is deemed improper, entrapment may apply.

Examples of Entrapment

To illustrate the concept of entrapment, consider the following examples:

  • Undercover Drug Sting: An undercover police officer repeatedly pressures a person with no history of drug involvement to sell drugs. The person eventually agrees but later claims entrapment, arguing that they were induced into the criminal act.
  • Online Predator Sting: Law enforcement poses as an underage individual online and initiates conversations with an individual with no previous history of engaging with minors. They convince the person to meet in person, leading to an arrest. The accused may claim entrapment, asserting that they were manipulated into the situation.

Significance of Entrapment in Criminal Law

Entrapment serves as a critical safeguard in criminal law for several reasons:

  • Preventing Government Overreach: It prevents government agents from overstepping boundaries and inducing individuals into criminal conduct. This protects civil liberties and individual rights.
  • Fairness in Legal Proceedings: Entrapment ensures that legal proceedings are fair and just. It prevents convictions that result from government-created crimes.
  • Preserving the Integrity of Law Enforcement: By discouraging entrapment tactics, law enforcement agencies are encouraged to focus on investigating actual criminal activity rather than creating it.

Entrapment is a legal defense that safeguards individuals from being held criminally responsible for acts they were induced to commit by government agents. It is based on the principles of fairness, government accountability, and protection of individual rights.

The establishment of entrapment requires proof of government inducement and a lack of predisposition on the part of the defendant. Understanding the concept of entrapment is essential in ensuring that legal proceedings are just and that individuals are not unfairly manipulated into criminal conduct.


Read Our Blog

lawyer talking to client

What Does A Criminal Defense Lawyer Do?

A criminal defense lawyer in Tennessee plays a crucial role in the judicial system, providing legal representation to individuals who have been charged with criminal conduct. The scope of their responsibilities is broad, encompassing various

drug possession is a crime in our state

Defending against Drug Possession Charges in Nashville

In Nashville, TN being found in possession of certain drugs and controlled substances is illegal. The police do not have to prove that you consumed or intended to traffic the respective drugs. Simple possession is

What Are Your Options When A Plea Deal Is Offered?

What Are Your Options When A Plea Deal Is Offered?

You’ve been charged with a crime and the prosecution offers you a plea deal. Do you take it? While that can sound tempting when you’re facing serious charges, there are certain risks to consider. Before