Washington Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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FAQ
To prove entrapment in California, the defendant must show that the government agent induced them to commit the crime and that they were not predisposed to committing the crime. Predisposition is the measure of a person's willingness to commit a crime prior to being approached by a government agent.
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.
In order to successfully claim entrapment in California, you must prove by a ?preponderance of the evidence that the conduct of law enforcement (or their agents) would have likely induced a ?normally law-abiding person? to commit the charged offense.
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).
Entrapment can be a difficult defense to assert because it requires the defendant to establish that the idea and impetus for the crime was introduced by government officials, and the defendant was not already willing or predisposed to commit the crime.
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.
The key to an entrapment defense is to show that the defendant was not predisposed to commit the illegal act and that had the police officer not entrapped him, he would not have committed the act.
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.