The entrapment defense is another defense, like intoxication, that is often misunderstood and rarely successful in court. The defense must establish that the government, usually through the conduct of law enforcement, planted in the mind of an otherwise innocent person the inducement to commit a criminal offense. It has been called an admission-avoidance defense. In this defense the accused essentially admits that he committed the elements of an offense and argues that, if not for the action of the government, the offense would not have been committed and criminal liability should be avoided.
To successfully complete this assignment, include the following:
- Explain what evidence the defense must present at trial to successfully assert the entrapment defense, using a recent case in your jurisdiction.
- Explore how the prosecution may rebut the “innocent person” claim with evidence of prior bad acts relevant to crime charged.
- Differentiate between the subjective test, which examines characteristics of the accused to determine if that person was predisposed to commit the offense, and the objective test, which is usually premised on extreme and outrageous government conduct.
- Articulate why it is important for law enforcement officers to understand the legal and social parameters in entrapment cases.
- Written communication: Must be free of errors that detract from the overall message.
- Resources and citations: Format according to APA guidelines.
- Required page count: 3–4, not including the cover page or the reference page