What is entrapment?

Entrapment is a defense against criminal charges, defined by the Supreme Court. It occurs when law enforcement officers induce or encourage a person to commit a criminal act that he or she would normally be unlikely to commit. Entrapment is a constitutional issue, as the Fifth Amendment of the United States Constitution calls for protection from being forced to “be a witness against oneself.” In order to use the defense of entrapment, the accused must prove that law enforcement agents or officers initiated the criminal conduct and that the person was not predisposed to committing the crime. The burden of proof for entrapment is a high one. In New York, it requires more than a showing that the officer created a “humor of criminality” or a situation that may have made committing the crime easier. It requires a showing that the person accused was, in some way, influenced by the government or law enforcement officer to commit the crime. When a person is accused of a crime and suspect entrapment as a possible defense, the best course of action is to consult a criminal defense attorney. Each case involving entrapment is very fact-specific and is subject to the individual circumstances of the case. An experienced lawyer can evaluate the facts and provide advice on how best to proceed.

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What is entrapment?

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