What is entrapment in criminal defense law?

Entrapment in criminal defense law is a defense to a criminal charge in which a person claims they were induced by law enforcement officers to commit a crime they were otherwise not predisposed to commit. In North Carolina, the defense of entrapment may be established if it is found that a law enforcement officer, or someone working for law enforcement, used “overbearing and coercion” to create the opportunity for a person to commit a crime they wouldn’t normally commit. In order to be successful in claiming entrapment, the accused must show that the law enforcement officers’ actions caused them to commit a criminal act they were not predisposed to commit and that they would not have committed the criminal act “but for” the law enforcement officer’s actions. The entrapment defense is controversial because it can be used to prevent the criminal prosecution of a person who otherwise would have committed a crime. For example, a person who has engaged in criminal activity in the past may be more susceptible to the suggestion of a law enforcement officer to commit a criminal act in the future. In such cases, the entrapment defense may be used to prevent the person from being convicted for that criminal act. Overall, entrapment is a defense in criminal defense law that can be used in North Carolina when a person believes they were induced by law enforcement to commit a crime they would not have otherwise committed. To successfully assert the defense, the accused must show that they would not have committed the criminal act but for the law enforcement officer’s actions.

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