Pennsylvania Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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FAQ
Entrapment is a defense to criminal prosecution if a government agent induced a person to commit a crime which the person was otherwise unlikely to commit. Many crimes are difficult to investigate and prosecute unless law enforcement becomes involved in the crime.
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 objective entrapment defense focuses on the behavior of law enforcement, rather than the individual defendant.
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.
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.
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.