What is entrapment in criminal defense law?
Entrapment is a defense against criminal charges in Florida. It occurs when a law enforcement official coercively induces a person to commit a crime that they otherwise would not have committed. Entrapment is generally split into two categories: subjective entrapment and objective entrapment. Subjective entrapment occurs when a law enforcement official induces a person to commit a crime that they are normally not predisposed to commit. In a court of law, a jury must evaluate the mindset of the defendant to determine if the entrapment falls into the subjective category. Objective entrapment is based on the conduct of the law enforcement official and does not depend on the defendant’s predisposition to commit a crime. Conduct by law enforcement officials which could be considered objectively entrapping include the use of fraudulent promises, excessive pressure and persistent pursuit of the accused. If a defendant can establish the entrapment defense in a criminal case, they cannot be found guilty. In Florida, the burden is on the defendant to prove entrapment, and the prosecution must demonstrate beyond a reasonable doubt that the defendant was predisposed to committing the crime.
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