What is entrapment in the federal criminal justice system?

Entrapment is a defense used in the federal criminal justice system when a defendant has been induced or coerced to commit a crime they otherwise would not have committed. Entrapment is defined as the act of an undercover agent or government official inducing someone to commit a crime that the accused would not have committed without the influence of the agent or official. In New Mexico, the law states that if a defendant is accused of a federal crime and they can successfully prove their case of entrapment – that they were entrapped by a government official or agent – they may be exonerated of their crime. To prove entrapment, the defendant must prove that the agent or official not only induced them to commit the crime, but also used improper tactics to do so such as fraud, force, threats, and the like. It is important to remember that not all instances of government persuasion are legally considered entrapment, as the government is allowed to persuade an individual to commit a crime to establish probable cause. However, if a defendant believes they have been entrapped, they may have legal recourse and can use entrapment as a defense in their case.

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