Oklahoma Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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The two tests of entrapment are subjective entrapment and objective entrapment. The federal government and the majority of the states recognize the subjective entrapment defense (Connecticut Jury Instruction on Entrapment, 2010).
Entrapement is a defense in Oklahoma criminal law that is available even though a defendant may have committed the acts that violate the law, the defendant is not held criminal responsible because the defendant was induced to commit the crime by government agents.
For example, entrapment might occur when law enforcement use scantily clad undercover officers who pose as street prostitutes who aggressively flag down unsuspecting drivers and pressure those drivers to engage in sexual conduct for the purpose of catching defendants who are otherwise not looking for prostitutes.
Entrapment is not a crime, but it's not allowed, either. It is only an affirmative defense to criminal charges. Although many people understandably ask themselves, ?Is entrapment illegal in the US?? the bottom line is the police won't go to jail or get in serious legal trouble for entrapping someone.
ONE METHOD OF CONTROLLING LAW ENFORCEMENT PROCEDURES IN WHICH AGENTS INDUCE THE COMMISSION OF A CRIME IS THE AFFIRMATIVE DEFENSE OF ENTRAPMENT. IN TWO EARLIER SUPREME COURT DECISIONS, IT WAS HELD THAT PREDISPOSITION TO CRIMINAL ACTIVITY ON THE PART OF THE ACCUSED WAS A PRINCIPLE INGREDIENT IN THE TEST FOR ENTRAPMENT.
Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v.