09 Entrapment by Estoppel is a legal doctrine in which a party can be held liable for their conduct even if it is not illegal. This doctrine applies when one party has induced the other to act in a certain way, and then attempts to hold them legally liable for that action. This type of entrapment can be broken down into two types: contractual and equitable estoppel. Contractual estoppel occurs when one party has made a promise to another party, and the other party has relied on that promise to their detriment. Equitable estoppel is when a party has taken action in reliance on a representation made by another party, and then the other party attempts to deny the representation. In either case, the estoppel prevents the party from denying the representation or promise.
09 ENTRAPMENT BY ESTOPPEL
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FAQ
What is an example of police entrapment? A police officer offers to buy drugs from a suspected drug dealer. The dealer sells the drugs to the officer, who then arrests the dealer. This act is entrapment by inducement.
Entrapment by estoppel applies when an official tells a defendant that certain conduct is legal and the defendant believes that official. This defense applies even in cases of strict liability, because entrapment does not negate the intent element of an offense, it relies on the principle of fairness.
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 Constitutes Entrapment in California? Pressure an Individual Into Committing a Crime.Threaten Someone Into Committing a Crime.Make False Promises.Drug Crimes: An Example of Entrapment.Prostitution: An Example of Entrapment.
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.
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. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.
Generally, state laws will have either an objective entrapment law or a subjective entrapment law. When following the objective standard law, the court must determine whether a reasonable law-abiding person would commit the crime in light of the police officer's behavior.