What are the elements of an entrapment defense?
Entrapment is a defense that a person charged with a drug crime in Florida may use if they prove that they were “induced or persuaded” by a law enforcement officer to commit the crime they are accused of. To use this defense, three elements must be established in court. First, the person must prove that the criminal act was induced or pressured by law enforcement officers. This means that the individual must show that the police officers did something directly or indirectly that caused or persuaded the individual to commit the crime. Second, the defense must prove that the person was not "predisposed" to committing the crime. In other words, the individual must present evidence to show that they would not have committed the crime without the influence of the law enforcement officers. Third, the person must prove that the actions of the police officers caused him/her to commit the crime. This includes proving that the officers provided the opportunity for the person to commit the crime or tricked, bribed, or otherwise manipulated or pressured the individual into committing the crime. Knowing the elements of an entrapment defense in Florida can help an individual understand their rights and options if they are charged with a drug crime. If any of these elements can be shown to be true, then the accused person may be able to use the defense in court.
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