What is entrapment in criminal defense law?
Entrapment is a defense to criminal charges in Hawaii. It is a legal argument that the accused was tricked or coerced by law enforcement into committing the crime. It can take many forms, including encouraging a person to commit a crime they were not already planning to commit. To use entrapment as a defense, the accused must prove the following: 1. That the person was induced to commit the crime by law enforcement. 2. That the accused was not predisposed to commit the crime. 3. That the law enforcement officer or agent involved had no reasonable suspicion that the accused may have been involved in criminal activity prior to initiating communication. 4. That the accused was not already undertaking criminal activity before the police approached. The entrapment defense can be used to reduce or dismiss criminal charges if it is proven, but it is not an easy defense to win. The accused must produce evidence that supports the argument that entrapment occurred and that he or she was not predisposed to commit the crime. Entrapment is typically used in cases involving drugs, prostitution, or other white-collar crimes.
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