What is entrapment in federal criminal law?

Entrapment is a defense to a criminal charge in federal criminal law. Entrapment occurs when a law enforcement officer, or someone acting under the direction of a law enforcement officer, induces or encourages someone to commit a crime which they were not predisposed to commit. In North Carolina, the entrapment defense must prove two elements. First, that the defendant was induced or encouraged to commit the crime by a law enforcement official or someone acting under the direction of a law enforcement official. Second, the defendant must prove that they were not predisposed to commit the crime before being induced or encouraged by the law enforcement official. In general, entrapment is an affirmative defense to criminal wrongdoing as it suggests that the defendant was encouraged to commit the crime and not acting on their own volition. However, the defense can be difficult to prove as the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime before being encouraged or induced by a law enforcement official. As such, if the defendant can prove both elements of entrapment, the criminal charge will likely be dismissed.

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