LAW 3840 Study Guide, Entrapment S11 PDF

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LAW 3840 Criminal Law and Procedure Dr. Edmonds Study Guide, Entrapment Entrapment is a defense to criminal conduct. If raised successfully, it negates the element of intent. The choice of the term “entrapment” is unfortunate. Most people assume it means that the police have set a trap for a criminal defendant, and that is not the crux of the defense. Police set traps for criminals every day, and the police conduct involved does not taint or interfere with a successful prosecution. Examples: Speed traps Fencing operations Phony tickets to games, etc. Reverse buys

Entrapment, page 2 What then is “entrapment”? Two elements: A government agent induced the defendant to commit the crime.

The defendant was not otherwise predisposed to commit the crime.

Read Jacobson v. United States, 503 U.S. 540 (1992)

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