What is entrapment in the federal criminal justice system?
Entrapment is an act or practice used by law enforcement officers or government agents that encourages someone to commit a crime that they would not have otherwise committed. In other words, it is a defense against criminal charges. In the federal criminal justice system, entrapment occurs when law enforcement agents use techniques such as deception, fraud, threats, and/or harassment to make someone commit a crime. In Florida, the entrapment defense is based on the two elements of inducement and criminal conduct. Inducement is when an officer or agent offers the defendant an opportunity to do the crime, and criminal conduct is when the defendant commits the crime. In other words, the defendant just needs to prove that the officer or agent induced them into committing the crime. The entrapment defense can be employed against federal charges in Florida by arguing that the government agents in question acted in an overly aggressive way. The court will determine whether the officers or agents persuaded the accused to commit the act beyond what would normally be expected, and that, but for the inducement, the defendant would not have committed the crime. If so, the charges can be dismissed.
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