What is entrapment in criminal defense law?

Entrapment in criminal defense law refers to a form of police misconduct in which a police officer or other law enforcement agent induces a person to commit a crime they would not otherwise have committed. In Delaware, entrapment is a defense for criminal charges that an individual is facing. Generally speaking, entrapment requires that a government agent - such as a law enforcement officer, informant, or undercover agent - instigated the criminal act. It can be difficult to prove entrapment, as the defendant must show that the government agent either directly or indirectly induced them to commit the crime. In order to prove the entrapment defense in Delaware, there must be clear proof of the following: 1) the defendant was not predisposed to commit the crime, meaning that they were not already planning to do so before police involvement; and 2) the police or other government agents used enticement, coercion, persuasion, undue pressure, or threats to convince the defendant to commit the crime. In Delaware, entrapment is an affirmative defense to criminal charges, meaning that the defendant must prove that the elements of the defense apply to their case. If the defendant can do so, their charges may be dismissed.

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