6.2A Sentencing Entrapment
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Entrapment happens when police officers coerce or induce someone into committing a crime. Learn more. By Paul Bergman, UCLA Law School Professor. Defend your rights. We've helped 95 clients find attorneys today.
Sentencing entrapment occurs when official government conduct leads a defendant predisposed to deal only in small quantities of drugs to deal in larger quantities, leading to an increased sentence. United States v. Berg, 178 F. 3d 976, 981 (8th Cir.
The Ninth Circuit has stated that an entrapment instruction should avoid instructing the jury that a person is not entrapped if the person was "already" willing to commit the crime because of the ambiguity resulting therefrom. United States v. Kim, 176 F. 3d 1126, 1128 (9th Cir.
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.
In the most basic sense, it occurs when a government official, such as a police officer, uses threats, fraud, or harassment to induce or coerce someone to commit a crime they wouldn't ordinarily commit.
Sentencing entrapment is a separate defense from entrapment and, in appropriate cases, an issue for the jury. "A defendant 'bears the burden of proving sentencing entrapment by a preponderance of the evidence. '" United States v. Biao Huang, 687 F.
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.
