Defending Entrapment Charges

What Is Entrapment?

Entrapment is defined as the inducement of a person to commit a crime that they would otherwise have been unlikely to commit. It is considered a form of police misconduct that denies citizens of their constitutional rights against self-incrimination. In order for entrapment to be successful, the government must have induced or persuaded the individual to commit a criminal act, rather than simply offered them the opportunity to do so.

What Is Criminal Entrapment?

Entrapment causes an otherwise innocent person to perform a criminal act for the purposes of prosecution; entrapment can only be committed by a government agent and in order to prove that entrapment took place, several other facts must be established. If a defense attorney can prove an entrapment existed, the defendant cannot be found guilty of the charges, as the government used entrapment to arrange the commission of the crime.

Elements of Entrapment Defense

In order for a successful defense to occur, it must be established that two separate elements of entrapment were present: (1) improper government conduct; (2) predisposition of the accused to commit the crime. Jacobson v. United States, 503 U.S. 540, 548 (1992)

These elements play a significant role in determining whether an individual’s actions were a result of their own predisposition to commit a crime or if they were coerced or enticed by law enforcement.


Inducement refers to the actions or tactics used by law enforcement to encourage or persuade an individual to commit a crime that they would not have otherwise committed. It involves the creation of an opportunity or temptation that pushes the individual towards engaging in illegal behavior. This can range from providing incentives, such as financial gain or promises of protection, to persistent pressure or manipulation.

Improper Government Conduct

The first element refers to the question of whether or not the law enforcement agency employed improper tactics or methods during their investigation. Examples of such conduct include threats, harassment, deceit and fraud, promises of reward, appeals to emotions, and other forms of overreaching and/or intimidation.

No Predisposition

On the other hand, predisposition focuses on the individual’s preexisting inclination or readiness to commit the crime. It examines whether the person involved had a predisposition to engage in criminal activity before being approached by law enforcement. This element considers factors such as prior criminal history, involvement in similar offenses, or the individual’s general disposition towards illegal behavior.

This second element requires proof that the accused was predisposed to committing the crime prior to any contact with law enforcement. In other words, the attorney must demonstrate that the client had already formed a plan or intent to commit the crime before being contacted by the police.


The third element requires causation between the accused’s actions and improper governmental conduct. This means that without the intervention of law enforcement agents, there would not have been a successful prosecution of the accused. The evidence presented must show a link between the inducement and the crime in order for entrapment to be successfully argued.

To successfully establish the entrapment defense, both inducement and predisposition must be proven. It is not enough to show that law enforcement provided an opportunity for the crime to occur; there must also be evidence that the individual lacked the predisposition to commit the offense without the influence or encouragement of law enforcement.

Proving Inducement by Law Enforcement

To effectively demonstrate inducement, a thorough investigation is necessary. This often involves examining various forms of evidence such as recorded conversations, emails, text messages, or any other communication exchanged between the defendant and law enforcement. These pieces of evidence can unveil the tactics used by law enforcement to entice the defendant into committing the alleged crime.

Witness testimonies can play a significant role in supporting the claim of inducement. These witnesses may include individuals who were present during the interactions between the defendant and law enforcement, or individuals who can provide insight into the defendant’s character, susceptibility to coercion, or previous interactions with law enforcement.

The conduct and behavior of law enforcement officers involved in the case in also a factor. This includes examining their prior history, any patterns of exaggerated or aggressive behavior, or instances where they may have crossed ethical boundaries in similar cases.

The burden of proof lies with the defense to demonstrate that the defendant’s actions were a result of law enforcement inducement rather than their own predisposition to commit the alleged crime.

Proving Predisposition

Proving subjective predisposition is a crucial element in an entrapment defense case. It refers to demonstrating that the defendant had a pre-existing inclination or readiness to commit the alleged crime, independent of any government inducement or encouragement. Establishing subjective predisposition is vital in challenging the notion that the defendant was coerced or lured into criminal activity.

Defendant’s background

To successfully prove subjective predisposition, you must delve into the defendant’s background, history, and prior behavior. This may involve investigating any past criminal records, associations, or patterns of behavior that suggest a predisposition towards engaging in similar unlawful activities. It is important to gather evidence that demonstrates the defendant’s independent intent or propensity to commit the crime in question.

Prior acts or statements

One way to establish subjective predisposition is by presenting evidence of the defendant’s prior acts or statements that indicate a willingness or inclination to participate in similar criminal conduct. This can include documented conversations, emails, or social media interactions that showcase the defendant’s predisposition towards the specific crime.

Character witnesses

Testimonies from acquaintances, friends, or family members who can attest to the defendant’s predisposition can be valuable in supporting the defense’s argument. These individuals may provide insights into the defendant’s character, behaviors, or conversations that demonstrate a pre-existing inclination towards the alleged criminal activity.

Proving subjective predisposition does not imply that the defendant is guilty or responsible for the crime. Rather, it aims to demonstrate that the defendant’s actions were not a result of government entrapment but rather a manifestation of their pre-existing disposition.

Is it Entrapment?

Government agents only commit entrapment when they implant the idea to perform a crime in an innocent person’s mind. An entrapment defense is irrelevant if the government merely afforded the opportunity to commit the crime; for entrapment to take place, the individual must prove unlikely to commit the crime in the absence of entrapment, and the government must also create an incentive for the defendant to commit the crime. Entrapment situations alter the risks and benefits to increase the likelihood the crime will occur.

In entrapment cases, inducement can refer to persuasion, misrepresentation, threats, coercion, harassment, or pleas based on sympathy. Entrapment defenses must first prove the government induced the defendant to commit the crime, next the entrapment case must prove the defendant’s predisposition indicates that the crime would not have occurred without entrapment by the government.

Undercover Operations in Entrapment Cases

While undercover operations can be instrumental in uncovering criminal activities, they can also blur the lines between genuine criminal intent and inducement by law enforcement. These covert operations involve undercover agents or informants assuming false identities and engaging with individuals suspected of committing a crime.

In entrapment cases, the defense’s argument typically revolves around the notion that the defendant was induced or coerced into committing a crime they would not have otherwise committed. The defense will scrutinize the actions and behavior of the undercover agent to determine whether they crossed the line from passive observation to active enticement.

Undercover operations can complicate entrapment cases, as they often involve careful planning and strategic manipulation to gather evidence. Defense attorneys will thoroughly analyze the undercover operation, scrutinizing the tactics employed and the extent to which the defendant was influenced or coerced.

In some instances, the defense may argue that the undercover operation amounted to entrapment per se, meaning that the government’s actions were so egregious that they automatically constitute entrapment, regardless of the defendant’s predisposition.

Application in Court

When defending against entrapment charges, your attorney should begin by examining in detail all of the facts surrounding your interactions with law enforcement officials. They must also review any video or audio recordings made at the time of your arrest and analyze any other material evidence collected during the investigation process. Your attorney should also consider any extenuating circumstances surrounding your arrest and review any testimony given by witnesses to support your defense.

Effective Defense Strategies

There are several effective strategies that may be employed when attempting to construct a valid entrapment defense, such as raising reasonable doubt about prosecution evidence and pointing out inconsistencies in witness accounts. Additionally, highlighting any extreme tactics taken by law enforcement officials which were aimed at inducing criminal behavior may help prove unlawful entrapment occurred. Ultimately, each situation is unique and it is best to consult with a skilled attorney regarding the specifics of your case and what legal strategies are available for your defense.

Proving Entrapment

Defendants requiring little or no inducement to commit crimes may find entrapment difficult to prove, as they appear predisposed to criminal behavior. To establish that entrapment was not required for the crime to occur, prosecutors must demonstrate that prior to the alleged entrapment, the defendant exhibited behavior indicating a criminal predisposition.

The circumstances under which an entrapment defense may be used are fairly specific, but an attorney familiar with the circumstance for entrapment may be able to give you more information regarding certain situations.

Common Challenges and Pitfalls in Entrapment Defense

Establishing an entrapment defense can be a challenging endeavor, fraught with potential pitfalls and complexities. While the concept of entrapment may seem straightforward at first glance, the legal landscape surrounding this defense can be intricate and convoluted. As such, it is essential for both defendants and their legal representatives to have a thorough understanding of the common challenges they may encounter when attempting to establish an entrapment defense.

Proving the level of inducement

Entrapment typically occurs when these agents go beyond mere encouragement or persuasion and actively induce an individual who otherwise would not have engaged in such criminal activity. However, proving this level of inducement can be a formidable task, as it often involves complex investigations, gathering substantial evidence, and navigating legal nuances.

The subjective nature of the defense itself.

The burden of proof lies on the defendant to show that they were not predisposed to commit the crime and that the government’s actions were the catalyst for their involvement. This necessitates a deep dive into the defendant’s past behavior, character, and predispositions, which can be both time-consuming and challenging from a legal standpoint.

The prosecution may attempt to undermine the entrapment defense by arguing that the defendant showed a predisposition to commit the crime, rendering the defense invalid.

This can be a contentious issue, as it often involves examining the defendant’s prior criminal record, associations, or patterns of behavior. Successfully countering these arguments requires a comprehensive understanding of the relevant case law, as well as compelling evidence supporting the absence of predisposition.

Complexities of entrapment defense can also arise from the intricate interplay between subjective and objective factors.

While the defendant’s predisposition is a key element, objective factors such as the extent of government inducement, the nature of the crime, and the overall fairness of the criminal proceedings also come into play. Balancing these subjective and objective elements can present significant challenges when constructing a persuasive entrapment defense.

Final Word

In criminal cases, the burden of proof is typically on the prosecution to prove beyond a reasonable doubt that the defendant committed the alleged crime. However, in entrapment cases, the burden of proof can shift to the defendant.

Entrapment occurs when law enforcement officers induce or persuade an individual to commit a crime that they would not have otherwise committed. It is seen as a defense strategy to hold law enforcement accountable for their actions and to protect individuals from being unfairly targeted or coerced into criminal behavior.

To successfully prove entrapment, the defendant must demonstrate two key elements: government inducement and lack of predisposition. Government inducement refers to the actions taken by law enforcement officers to entice or encourage the defendant to commit the crime. This can involve providing opportunities, and incentives, or even creating a sense of urgency or necessity.

However, it is not enough for the defendant to show government inducement alone. They must also establish their lack of predisposition to commit the crime. This means proving that they did not already have the intent or inclination to engage in such criminal behavior prior to the government’s involvement.

The burden of proof in entrapment defenses can vary depending on the jurisdiction and the specific circumstances of the case. In some jurisdictions, the burden may be on the defendant to prove entrapment by a preponderance of the evidence, meaning that it is more likely than not that entrapment occurred. In others, the burden may be on the prosecution to disprove entrapment beyond a reasonable doubt.

Understanding the burden of proof in entrapment defenses is essential for both defendants and legal professionals involved in these cases. It highlights the importance of thorough investigation, evidence gathering, and strategic planning to effectively present the entrapment defense in court.

Ultimately, unraveling the complexities of entrapment defenses requires a careful analysis of the specific elements and the burden of proof involved. By examining these key factors, defendants and their legal representatives can build a strong defense strategy and navigate the complexities of the legal system to seek justice and protect their rights.

2 thoughts on “Defending Entrapment Charges”

  1. I recently came across a case of entrapment that made headlines in my local community. It involved a young man who was targeted by an undercover police officer posing as a drug dealer.

    The officer approached the young man, who had no prior criminal record, and engaged him in a conversation about buying drugs. The officer persistently pressured the young man, offering him a “great deal” and assuring him that it was a one-time opportunity. Despite the young man’s initial hesitation, the officer continued to push him, using persuasive tactics to convince him to make the purchase.

    Eventually, the young man succumbed to the pressure and agreed to buy drugs from the undercover officer. As soon as the transaction was completed, the officer revealed his true identity and arrested the young man for drug possession and intent to distribute.

    The case sparked a heated debate in the community about the ethics of entrapment. Many argued that the young man would not have committed the crime if it weren’t for the relentless persuasion and

  2. I once came across a case where a friend of mine was unknowingly caught in a situation that could be considered entrapment. He had been struggling with financial difficulties and was desperately looking for a job. One day, he received an email from a company claiming to offer a high-paying job with flexible working hours.

    Excited about the opportunity, he responded to the email and was invited for an interview. During the interview, he was asked to provide personal information, including his social security number and bank account details. The interviewer assured him that these details were necessary for the job application process.

    After a few days, my friend received an email stating that he had been selected for the job. However, he was informed that in order to secure the position, he needed to pay a registration fee of $500. Desperate for the job, he borrowed money from friends and family and made the payment.

    To his shock, after making the payment, he never heard back from the company. All attempts to

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