entrapment

Entrapment is a defense in criminal law that arises when law enforcement officers or agents induce a person to commit a crime that the person would not have committed otherwise. The concept rests on preventing government officials from creating criminal activity or exploiting individuals’ vulnerabilities through coercive or persistent pressure, rather than merely investigating or offering an opportunity to commit a crime.

In many jurisdictions, entrapment hinges on the defendant’s predisposition to commit the offense. Under the predisposition or subjective test, a defendant may prevail if the government induced the crime and the person had no prior intent to commit it. If the person was already inclined to commit the offense, the entrapment defense is typically not allowed. Some jurisdictions employ an objective test that focuses on the conduct of the authorities rather than the defendant’s mindset, asking whether the government’s methods would have entrapped an ordinary law-abiding person.

Entrapment commonly occurs in undercover operations, informant-led schemes, or sting operations that offer money, drugs, or other incentives to commit a crime. The defense is usually raised at trial, with the burden of proof varying by jurisdiction. It is not a defense to cases where the defendant independently sought to commit a crime or where officials merely provide an opportunity without coercive inducement.

Limitations and cautions: entrapment does not apply to situations where the defendant has shown a willingness to engage in illegal activity independent of police involvement, nor to routine investigations that do not employ improper inducement. The availability and standards of the defense differ across legal systems.