What is entrapment in the federal criminal justice system?

Entrapment is a defense in the federal criminal justice system that involves an individual being induced, encouraged, or otherwise persuaded to commit a crime they would not have otherwise committed. In Texas, entrapment is a legal defense asserted by a criminal defendant in a federal criminal trial. Entrapment occurs when a law enforcement officer uses deceptive or coercive tactics to encourage a person to commit a crime that the person would not have committed but for the officer’s misconduct. For example, an officer may offer an individual money if they agree to commit a crime. This would be considered entrapment because it is beyond the scope of a normal law enforcement investigation. Similarly, an officer may put an individual in a situation where they believe crime is their only way out. In order to prove entrapment, an individual must show that the government induced them to commit a crime that they would not have otherwise committed, and that they did not possess a predisposition to commit the crime in question. Once this is established, the burden of proof shifts to the prosecution to prove beyond a reasonable doubt that the defendant was not entrapped. It is important to note that entrapment is not a defense if the defendant was predisposed to commit the crime.

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