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Criminal Law • Defenses and State of Mind
CRIMLAW#073
Legal Definition
Entrapment exists where a criminal design originated with law enforcement officers and the defendant was not predisposed to commit the crime prior to contact by the government.
Plain English Explanation
Entrapment happens when police convince an otherwise innocent, law abiding person to commit a crime that they would likely never have committed without being encouraged by the police or government. In other words, it is perfectly okay for police to lure criminals into committing crimes they would have always committed; it is not okay for police to go out of their way to corrupt law abiding citizens into criminals.
Hypothetical
Hypo 1: Bob sees Sam standing in a park where people usually sell drugs. Bob walks up to Sam and says, "Hey, can I buy some drugs off of you?" Sam says, "Sure, I got weed and crack. What would you like?" Bob says, "One crack, please." Suddenly police jump out from behind the bushes and arrest Bob. Sam was an undercover officer. Result: Bob was not entrapped. Bob went to the park looking to buy drugs from someone, it just so-happens that the person he picked to ask was an undercover police officer. Sucks to be Bob, but the police didn't do anything wrong here.
Hypo 2: Sam, an undercover police officer, is looking for drug buyers at a park commonly used to deal drugs. He spots Amy sitting under a tree reading her book. Sam walks up and says, "Yo, you wanna buy some weed?" Amy says, "No thanks." Sam says, "Come on, buy some weed." Amy says, "I don't smoke. Please leave me alone." Sam says, "But my weed is amazing. Buy some." Amy says, "I don't do drugs and never have an intention of doing drugs." Sam says, "Come on." Amy says, "No." Sam says, "Come on, please." Amy says, "No." For an hour, Sam continues to pester Amy until Amy finally snaps and says, "FUCKING FINE, I'LL BUY SOME WEED IF YOU LEAVE ME ALONE!" She hands Sam $20. Police jump out from behind the tree and arrest Amy for buying drugs. Result: Sure, Amy shouldn't have bought drugs, but it seemed pretty clear that Amy had no interest in breaking the law and only decided to as a result of police wearing her down. Amy was entrapped by police.
Hypo 2: Sam, an undercover police officer, is looking for drug buyers at a park commonly used to deal drugs. He spots Amy sitting under a tree reading her book. Sam walks up and says, "Yo, you wanna buy some weed?" Amy says, "No thanks." Sam says, "Come on, buy some weed." Amy says, "I don't smoke. Please leave me alone." Sam says, "But my weed is amazing. Buy some." Amy says, "I don't do drugs and never have an intention of doing drugs." Sam says, "Come on." Amy says, "No." Sam says, "Come on, please." Amy says, "No." For an hour, Sam continues to pester Amy until Amy finally snaps and says, "FUCKING FINE, I'LL BUY SOME WEED IF YOU LEAVE ME ALONE!" She hands Sam $20. Police jump out from behind the tree and arrest Amy for buying drugs. Result: Sure, Amy shouldn't have bought drugs, but it seemed pretty clear that Amy had no interest in breaking the law and only decided to as a result of police wearing her down. Amy was entrapped by police.
Related Concepts
How does duress affect an accomplice's liability?
What are the common general intent crimes and their key defenses?
What are the common preliminary crimes, also known as inchoate crimes?
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When is a mistake of fact a valid defense?
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