What is entrapment in federal criminal law?

Entrapment in federal criminal law occurs when a law enforcement officer or other government official induces a person to commit a crime they would have otherwise been unlikely to commit. This is typically done through coercion, harassment, or threats. This is a controversial issue because some people feel that it is unfair for the government to be able to manipulate people into committing crimes that they would not ordinarily commit. Entrapment generally requires two elements to be met: that the government induced the defendant to commit the crime and that the defendant was not predisposed to committing the crime. The latter element typically requires proof that the defendant had no reasonable propensity to break the law without the government’s encouragement, assistance, threats, or harassment. In other words, the defendant must not have been predisposed to committing the crime of their own accord. Courts have generally held that entrapment is an acceptable defense in federal criminal cases as long as the defendant can prove the above elements. Ultimately, entrapment is a difficult defense to prove since it is up to the defendant to prove that they would not have committed the crime without the government’s involvement. It is important to note that entrapment is not a legal excuse for criminal behavior, rather, it is a legal defense that may be used to show that the crime was not the defendant’s choice.

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