What is entrapment in criminal defense law?
In criminal defense law, entrapment occurs when law enforcement officers, or someone working on their behalf, induces or encourages a person to commit a crime that he or she was not otherwise predisposed to commit. It occurs when a law enforcement officer uses tactics that would cause a reasonable person to commit the crime. In Indiana, entrapment is a defense to criminal charges if the defendant can show they committed the crime because of entrapment. Entrapment occurs when law enforcement officers engage in conduct that is overreaching and goes beyond mere due diligence in investigating a crime. For example, in one Indiana case, the defendant argued that a police officer entrapped him when the officer asked the defendant to provide him with marijuana. The court found that the police officer’s conduct was not entrapment because the officer did not induce or encourage the defendant to commit the crime. In cases of entrapment, the defendant may claim that they were lured or induced into committing the crime. Once the defense of entrapment is raised, the burden of proof shifts to the prosecution to prove that the defendant was not entrapped. The prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime, and that the involvement of law enforcement was only for the purpose of investigation. Entrapment is an important defense to criminal charges in Indiana, and can make the difference between a conviction and acquittal. If you have been charged with a crime and believe entrapment may be a factor, it is important to speak to a qualified criminal defense attorney who can advise you on your rights and the best course of action.
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