What is entrapment?

Entrapment is a legal defense in South Carolina in which a criminal defendant claims that they were induced into committing a crime they otherwise would not have committed. Entrapment occurs when law enforcement agents or representatives use tactics that would make a reasonable person commit a crime, such as using undue pressure, intimidation, harassment, or other forms of persuasion. In order for entrapment to be proven, the defense must prove that the criminal defendant was induced into committing a crime by law enforcement and that their state of mind was such that it was not their own choice to commit the crime. Entrapment is a way of defending against criminal charges of violent crimes like assault and battery or murder. For example, if the police or other law enforcement agents threaten the defendant with arrest or other penalties, or convince them through coercive tactics that they need to commit the crime, then the defendant may be able to use the defense of entrapment. If the entrapment defense is successful, then the criminal charges may be dismissed or the criminal defendant may be found not guilty.

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