A Comprehensive Guide for Understanding Entrapment Law
Entrapment is a legal defense used when law enforcement convinces someone to commit a crime they otherwise wouldn’t have. If proven, it can significantly impact the outcome of a criminal case, potentially leading to an acquittal. In this guide, the New Mexico Criminal Law Offices (NMCLO) team explains entrapment law, detailing its definition, its application at the federal level, and how its elements can differ from state to state.
What Is Entrapment Law?
Entrapment happens when law enforcement officers persuade or coerce an individual to commit a crime they had no intention of committing. The key question in entrapment cases is whether the defendant was predisposed to commit the crime before law enforcement’s involvement. What is entrapment law? Under federal law, entrapment is recognized as a legal defense strategy. The U.S. Supreme Court in Sorrells v. United States (1932) established the foundational principles of entrapment law. The defense may apply if government agents induce criminal conduct, and the defendant can prove they were not predisposed to commit the offense. This means the defendant may be acquitted if law enforcement actively encouraged or coerced the crime rather than just providing an opportunity.
Exploring the Entrapment Definition in Law
The entrapment definition in criminal law has two primary components: government inducement and the defendant’s lack of predisposition.
Government Inducement
This element focuses on law enforcement conduct. Simply offering a chance to commit a crime is not enough to constitute entrapment. Instead, the government must have pressured, harassed, or unduly influenced the individual to commit the illegal act.
Lack of Predisposition
This element looks at the defendant’s mindset before interacting with law enforcement. Was the individual already willing to commit the crime? Or did the government’s influence create the desire? If the prosecution can show that the defendant was predisposed to commit the crime, then the defendant can claim entrapment.
For example, suppose an undercover officer suggests an illegal activity, but the suspect had no prior interest or inclination to engage in such conduct. In that case, the court may consider whether entrapment occurred.
What Are the Federal Standards for Entrapment?
On the federal level, courts use a subjective test to determine entrapment. This test focuses on the defendant’s mindset and whether they were predisposed to commit the crime. Courts will look at factors such as:
- The defendant’s previous criminal record;
- Whether the defendant showed reluctance before being persuaded; and
- The nature of the government’s actions or persuasion techniques.
In Jacobson v. United States (1992), the Supreme Court clarified entrapment law by highlighting that the government cannot create crime through manipulative tactics. This case set the bar for determining predisposition, ruling that the government must prove the defendant was inclined to commit the crime before law enforcement involvement.
How Do Entrapment Laws Vary by State?
While the entrapment definition in law remains consistent across many jurisdictions, states can have differing approaches. For example, New Mexico and some other states apply both subjective and objective tests for entrapment:
- Subjective test— focuses on whether the defendant was predisposed to commit the crime; and
- Objective test—evaluates the conduct of law enforcement, asking whether their actions would have induced any reasonable person to commit the offense, regardless of predisposition.
In practice, this means that in certain states, even if the defendant was somewhat predisposed, they could still claim entrapment if law enforcement’s tactics were egregious enough.
Can Entrapment Be Used as a Defense in All Criminal Cases?
Entrapment is not a universal defense and is not applicable in every criminal case. The defense only applies when law enforcement agents are involved in the crime’s planning or execution. Defendants cannot use entrapment defenses for crimes individuals commit without government inducement. Those predisposed to commit the crime cannot successfully claim entrapment. The prosecution often works to establish a predisposition by showing prior criminal behavior or willingness. Criminal defense attorneys play a crucial role in evaluating and presenting entrapment claims to effectively challenge such evidence.
Curious About Entrapment? We Have Answers
Entrapment defenses are complex and require careful legal analysis. If you’re facing charges and believe the government unlawfully induced you to commit a crime, New Mexico Criminal Law Offices is here to assist. With over three decades of experience, our criminal defense attorney can answer your questions and defend you against charges. Contact us today for a consultation.