If you can prove that entrapment occurred in your case, you may be able to use it as a defense. In fact, Jacobson v. United States has stated, “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.” There is a limit on what law enforcement agents are able to do in regards to using false identities and deception in their investigations. Usually this defense will rise from cases where an officer convinced somebody to commit a crime.
Tests to Prove Entrapment
You can prove entrapment through two legal tests, which are the following:
- Objective: If the crime would have been committed by any citizen in the same situation, then this test can prove entrapment. In this case, it deals entirely with reason and whether or not the defendant would have committed the crime if they were in someone else’s shoes.
- Subjective: This test is used more often and consists of looking at the nature of the enticement and the defendant’s mental state of mind.
Of course, there are always risks when using the entrapment defense. By raising this defense, you are also giving permission to a prosecutor to respond with proof about your past and they may be able to show the court that you would have committed the crime regardless of who made you. However, sometimes this cannot be used as evidence.
Entrapment: A Difficult Defense
Entrapment is seen as a relatively difficult defense to use because every circumstance must be taken into consideration. If an officer has urged, harassed, or overly encouraged you to commit a crime that you normally wouldn’t have done, it is worth it to speak to an attorney about your case. At The Law Office of Peter Blair, we handle many criminal cases and can speak to you about your options in using a defense. Call now.