What is entrapment in criminal defense law?
Entrapment is a defense in criminal law that applies when an accused person is accused of a crime that they only committed because of pressure or persuasion from law enforcement officers. In South Dakota, entrapment occurs when a law enforcement officer induces someone to commit a crime they would not have committed otherwise. The burden of proof for entrapment is on the defendant. Entrapment typically involves either law enforcement officers directly persuading someone to commit a crime, or creating an opportunity for someone to commit a crime. For example, if an undercover officer offers to buy drugs from someone multiple times, even after they’ve declined, and the person eventually succumbs to the pressure and agrees to buy the drugs, this could be considered entrapment. In South Dakota, the entrapment defense is used to show that the criminal act was a result of law enforcement officers encouraging the illegal act. To prove entrapment, the defendant must show that the law enforcement officers engaged in conduct that would induce a normally law-abiding person to commit the crime. The defendant must also demonstrate that they were not otherwise predisposed to commit the crime. If the court determines that the defendant was the victim of entrapment, then the charges may be dropped or the defendant may be convicted of a lesser crime. However, if the court finds that the defendant was not the victim of entrapment, then the defendant may be found guilty of the offense.
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