What is entrapment in criminal defense law?

Entrapment in criminal defense law is a defense that can be used when an individual is accused of committing a crime. In West Virginia, entrapment occurs when a person is induced or encouraged by law enforcement officials to commit a crime that they would not have otherwise committed. In order for entrapment to be established, the accused must prove that the criminal conduct resulted from law enforcement’s actions. The purpose of the entrapment defense is to protect innocent individuals from being unfairly manipulated or coerced into committing a crime by law enforcement officials. For example, if an undercover officer offered to supply drugs to an individual, then entrapment could be argued as a defense if the individual was not previously involved in drug dealing. In West Virginia, the entrapment defense must be proven by the accused. Specifically, it must be shown that the accused was induced, persuaded, or encouraged by the police to commit the crime and that the accused would not have otherwise committed the crime without law enforcement’s actions. If the accused is successful in proving the entrapment defense, then the charges against them may be dropped.

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