What are the elements of an entrapment defense?

Entrapment is a defense that can be used to avoid criminal liability when someone is accused of committing a drug crime in California. Entrapment occurs when law enforcement agents induce a person to commit a crime that they otherwise would not have committed. For a successful entrapment defense, the defendant must prove: 1. Government inducement: The defendant must show that the government induced them to commit the drug crime through threats, fraud, flattery, promises of reward, or other means. 2. Lack of predisposition: The defendant must also show that they were not predisposed to commit the crime and that the government’s inducement was the only reason they did so. 3. Impossibility defense: The defendant may use an impossibility defense if they were entrapped into attempting a crime which was impossible to commit. For example, if a police officer entrapped someone into attempting to buy drugs which did not exist. 4. Good Faith Defense: The defendant must also prove that they acted in good faith. This means that the defendant must have reasonably believed that they were not committing a crime. Entrapment can be a difficult defense to prove in a criminal trial but, if proven, can be the difference between being convicted or acquitted. Therefore, it is important that the defendant and their attorney thoroughly explore all possible defenses when accused of a drug crime in California.

Related FAQs

What is possession of a controlled substance?
What are the requirements for a search warrant?
What is the difference between a warrant and an arrest?
What is a drug crime?
What is an informant in a drug crime case?
What is the role of the police in drug law enforcement?
What are the elements of a diminished capacity defense?
What is the difference between a plea of guilty and a plea of nolo contendere?
What are the elements of a search and seizure in a drug crime case?
What is a drug conspiracy?

What are the elements of an entrapment defense?

Related FAQs

Related Blog Posts