Elements of a Successful Entrapment Defense

With the help of a criminal law attorney, a defendant can use entrapment as a defence against criminal charges levelled against them by the prosecution, provided that the accused can prove that he or she had no original inclination to perpetrate the crime, and only did so out of persuasion or pressurisation from law enforcement agents. Because entrapment is a confirmatory defence, the burden of proof rests with the defendant's criminal attorney to prove that entrapment actually occurred.

Unearthing victimless crimes

Investigation and prosecution of specific crimes may be challenging except for law enforcement engaging in elements of the criminal activity. Cases in point involve drug sales, gambling, or prostitution. The drug seller and the buyer, a client and a prostitute, and a gambler and betting site willingly taking part in an illegal activity. Undercover agents seek out persons involved in these banned activities. Problems occur when individuals are coerced or persuaded by law enforcement to break the law to unearth these illegal crimes. This is entrapment.

A case of entrapment

Picture the scenario of a homeless individual who is a drug addict. The police contact the homeless person and promise to give him money provided that he agrees to pick up and ship a shipment of drugs to a local drug cartel. The police intend to catch the local drug cartel in the act. The homeless man tells the police that he only uses drugs but doesn't engage in drug trafficking. The police replied by commanding the man to either accept the undercover job or be arrested and locked behind bars. This is a typical case of entrapment because it satisfies both the objective and subjective standard.

Objective standard

The defendant must show that the actions of police actually induced them to perpetrate the crime. In the scenario mentioned above, the police provided the shipment of drugs and offered money to the homeless man in order to commit the offence of drug trafficking. Moreover, the man was threatened with facing arrest.

Subjective standard

The defendant must establish that he didn't have any inclination to perpetrate the crime, in spite of the actions of law enforcement. In the above-mentioned scenario, the homeless man had no initial interest in engaging in drug trafficking.

Contact a criminal law attorney if you're charged with a criminal offence. A lawyer can help you put up an entrapment defence or establish any other proof of innocence