When it comes to criminal law, entrapment is a complex and serious issue. In many cases, defendants feel like they have been wrongfully accused of crimes they may not have committed had it not been for the law enforcement officers involved in their case.
As such, it’s essential to understand what constitutes entrapment and how you can determine if you are a victim of it.
What is entrapment?
Entrapment is a legal defense that occurs when a defendant claims that they were induced or coerced by law enforcement into committing a crime that they would not have perpetrated otherwise.
In other words, an innocent person may never have considered committing a crime until a government agent launched a targeted and persistent campaign to entice them.
The law recognizes two types of entrapment: objective and subjective. Objective entrapment occurs when the government’s conduct induces a reasonable person to commit the crime. Subjective entrapment occurs when the government’s conduct causes a specific individual not previously disposed to commit the offense to do so.
It is important to note that entrapment does not apply in all cases. In some cases, law enforcement officers may use tactics such as undercover or sting operations, which do not constitute entrapment. Additionally, if a person has already been involved in criminal activity before any contact with law enforcement officers, then this may also negate an entrapment defense.
If a defendant successfully argues entrapment, they may be acquitted of the charges against them. If you believe you have been wrongfully accused of committing a crime due to entrapment, you should seek legal guidance from someone who can protect your rights and interests.