What is entrapment in criminal defense law?

Entrapment in criminal defense law is a legal defense used when a person has been induced or persuaded to commit a crime that they normally would not have done. Entrapment applies to criminal cases in North Dakota because the state has adopted the American Model Penal Code definition of entrapment. Entrapment is defined by North Dakota law as when a law enforcement officer, either directly or indirectly, induces or persuades a person to commit a crime that they otherwise would not have committed. This means that law enforcement officers cannot use overbearing tactics, such as deception, harassment, or threats, to persuade a person to commit a crime. In order to present an entrapment defense in North Dakota, the defendant must show that they were induced or persuaded by law enforcement officers to commit the crime. It is not enough for the defendant to show that the officers were present when the crime was committed; the defendant must also show that the officers provided some form of pressure or encouragement to commit the crime. If a person is successful in showing entrapment, the charges against them may be dismissed or reduced. Ultimately, it is up to the judge or jury to determine whether or not entrapment occurred.

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