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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).
To raise the defense of entrapment, you will have to show that (1) you were induced or encouraged to engage in a conduct that constituted a crime, (2) you engaged in such conduct as the direct result of such inducement or encouragement, and (3) the person who induced or encouraged you was a law enforcement officer or ...
This can be difficult to prove, as the government agent's conduct must be more than just providing an opportunity for the crime to be committed. If the defense of entrapment is successful, the charges against the defendant will be acquitted at jury trial.
Is The Burden Of Proof On The Prosecution Or Defendant? Entrapment is an affirmative defense which means that the burden of proof is on the defendant and he must prove his defense by a standard known as preponderance of the evidence.
In some cases, law enforcement officers may use tactics such as undercover or sting operations, which do not constitute entrapment. Additionally, if a person has already been involved in criminal activity before any contact with law enforcement officers, then this may also negate an entrapment defense.
An affirmative defense in which a defendant alleges that a law enforcement agent or agent of the state acquired the evidence necessary to commence prosecution of the defendant by inducing the defendant to engage in a criminal act that the defendant would not otherwise have committed.
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.
The defense of entrapment is not available unless the officer or the person acting under his direction first suggested perpetration of the criminal act, or lured or persuaded the defendant to partake of the criminal conduct. Stevens v. State, 51 Okl.