Iowa Jury Instruction - Entrapment
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FAQ
Entrapment is a defense to a criminal act when a person is incited, induced, invei- gled, or lured into the commision of a crime not contemplated by him, for the purpose of prosecuting him, by a law enforcement officer or his agent.
Entrapment may result from the use of threats, intimidation, extended fraud, or any other means where the defendant was essentially forced to commit a crime. For example, law enforcement officers could set up a sting operation for a suspected criminal to commit a burglary.
What is an Entrapment Defense in Iowa? ?Entrapment may occur 'when a law enforcement agent induces the commission of the offense, using persuasion or other means likely to cause law-abiding persons to commit it. '? State v. Babers, 514 N.W.
In other words, entrapment typically occurs when law enforcement agents induce an innocent person to commit a crime they otherwise wouldn't commit. Common entrapment techniques include persuasion, threats, harassment, and fraud.
There are 2 types of standards that are used to determine if entrapment occurred: subjective and objective. Objective: If using the objective standard, jurors would decide if a law enforcement officer's actions would have caused a normally law-abiding citizen to commit the same crime.
Entrapment is defined as a situation in which a normally law-abiding individual is induced into committing a criminal act they otherwise would not have committed because of overbearing harassment, fraud, flattery or threats made by an official police source.
A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct.
The subjective entrapment test focuses on the defendant's individual characteristics more than on law enforcement's behavior. If the facts indicate that the defendant is predisposed to commit the crime without law enforcement pressure, the defendant will not prevail on the defense.