What is entrapment in criminal defense law?

Entrapment in criminal defense law is a legal defense that a defendant can use when they are accused of committing a crime. Entrapment occurs when a law enforcement officer or government agent induces someone to commit a crime that they would not have otherwise committed. In order to successfully use this defense, a defendant must prove that they were not already willing to commit the crime and that the officer or agent persuaded them to do it. In criminal defense law in New York, entrapment is treated as a valid defense when it can be proven that the defendant was moved to commit the crime by the officer or agent. It is not enough to claim that the individual was merely offered an opportunity to commit a crime; rather, the officer or agent must have actively encouraged, induced, or persuaded the individual to commit the crime. Additionally, the acts of the officer or agent must have gone beyond providing a mere opportunity for the defendant to commit the crime. In New York, entrapment is examined on a case-by-case basis and the burden of proof is on the defendant in order to make a successful entrapment defense. If the defendant is able to successfully prove that they were entrapped, then the criminal charges can be dropped or dismissed.

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