What is entrapment in federal criminal law?

Entrapment is a legal defense in federal criminal law, which occurs when law enforcement officers persuade or coerce an individual or group to commit a crime that they would not have committed without the enticement of law enforcement. In California, entrapment is defined under Penal Code Section 647 as when a law enforcement officer “immediately induces or influences a person to commit a crime”. An entrapment defense is meant to protect individuals from engaging in criminal activity due to law enforcement officers’ tactics, so if the defense can be proven, it can be used to have the defendants’ charges dismissed. Entrapment can be proven in two ways in California. First, if the defendant can demonstrate that they had no predisposition to commit the crime, meaning that the criminal behavior would not have occurred without law enforcement officers’ influence, the defendants can argue entrapment. Second, if the defendant can prove that the officer’s actions led to criminal behavior beyond that which a reasonable person would ever commit, then the defendants can also invoke the entrapment defense. In order to be successful in making an entrapment defense, the defendants must provide sufficient evidence to prove that they had no predisposition to commit the crime, and that the actions of law enforcement were the primary factors in inducing the criminal behavior. If the defendants can provide sufficient proof, then the entrapment defense can be used to have the charges dismissed.

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