What Constitutes Entrapment in a Police Sting?

Question from John, What Constitutes Entrapment in a Police Sting?

Answer from AI:

Entrapment occurs when law enforcement officers induce a person to commit a crime that they would not have otherwise been predisposed to commit. In the United States, entrapment is a defense that can be used by defendants in criminal cases to argue that they were unfairly persuaded or coerced into breaking the law by police officers. However, not all police stings constitute entrapment. To understand when a police sting might cross the line into entrapment, it’s important to consider the legal standards that have been established.

Legal Standards for Entrapment

The concept of entrapment is based on two primary legal theories:

1. Subjective Test: This test focuses on the defendant’s predisposition to commit the crime. If the defendant was not predisposed to commit the crime and was induced to do so by the police, it may be considered entrapment.
2. Objective Test: This test looks at the government’s conduct. If the actions of law enforcement would have caused a normally law-abiding person to commit a crime, it may be considered entrapment.

When Is a Police Sting Considered Entrapment?

A police sting might be considered entrapment if:

• The idea for committing the crime originated with the police rather than the defendant.
• The police used coercive tactics, such as threats, harassment, or flattery, to induce the crime.
• The defendant was not ready and willing to commit the crime before the police became involved.
• The police engaged in overbearing conduct, such as excessive pressure or providing an extraordinary opportunity that would cause a normally law-abiding person to commit the crime.

Examples of Legitimate Police Stings vs. Entrapment

Legitimate Police Sting: An undercover officer poses as a drug buyer and approaches a known drug dealer to purchase narcotics. The dealer willingly sells the drugs to the officer.

Possible Entrapment: An undercover officer repeatedly insists that a person with no criminal history sell them drugs, despite the person’s initial refusal, and finally the person acquiesces to the officer’s demands.

Defending Against Entrapment

If a defendant believes they were entrapped, they must provide evidence of the entrapment. The burden of proof is on the defendant to show that they were induced to commit the crime. If the court finds that entrapment occurred, the charges against the defendant may be dismissed.

Consulting a Legal Professional

Determining whether entrapment has occurred can be complex and often depends on the specific facts of the case. If you believe you have been a victim of entrapment, it is crucial to consult with a criminal defense attorney who can evaluate the circumstances and provide personalized legal advice.

For more information on entrapment and related defenses, you can refer to the Legal Information Institute’s overview of entrapment. Remember that each case is unique, and legal outcomes can vary based on jurisdiction and the details of the case.