Ohio Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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FAQ
Entrapment. [Defendant] maintains that he/she was entrapped. A person is entrapped when he/she is induced or persuaded by law enforcement officers or their agents to commit a crime that he/she was not otherwise ready and willing to commit. The law forbids his/her conviction in such a case.
The subjective entrapment test is based on the defendant's state of mind. That is, the defendant must show that they were not predisposed to commit the crime and that the government played an active role in inducing them to do so. The objective entrapment test is based on the actions of the defendant.
The key to an entrapment defense is to show that the defendant was not predisposed to commit the illegal act and that had the police officer not entrapped him, he would not have committed the act.
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. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.
Entrapment is a defense to criminal charges on the basis that the defendant only committed the crime because of harassment or coercion by a government official. Without such coercion, the crime would never have been committed.
Entrapment is a legal defense used in criminal cases where the defendant argues that they were induced by law enforcement to commit a crime that they otherwise would not have committed.
Under Ohio Revised Code § 2109.05(C)(2), entrapment is a defense that can be used in a criminal case. This type of defense gives the alleged offender a justification for the offending conduct.
The predisposition of the defendant is the determining factor in a successful defense of entrapment.