Entrapment is a defense that you may be able to use in your criminal case, which happens when law enforcement agents use false identities and deception in an undercover investigation. If the police entice somebody to commit a crime, it may blur the lines on what they are legally allowed to do to a defendant. There are two different types of entrapment, which we will discuss here.
Subjective: The subjective entrapment test is used when law enforcement pressures the defendant to commit a crime against their own will. This test focuses on the individual characteristics of the defendant rather than the law enforcement’s behavior. A defendant will fail to use this defense if facts indicate that the defendant was predisposed to commit the crime. This will sometimes come down to taking a look at the defendant’s criminal record in the past.
Objective: This test more so focuses on the behavior of law enforcement rather than the individual. If a reasonable person would have fallen victim to the tactics officers used, then they may pass this test. In this defense, the defendant’s criminal record is not admissible.
Risk of Using This Defense
In any case of entrapment, if you invite the defense, you are also inviting the prosecution to show proof of your past. This evidence from the past can be extremely damaging to your case, because it paints you in a certain light. The prosecutor may call on witnesses to testify that a defendant participated in many of the same criminal acts in the past, and so the entrapment defense would be found invalid. Fortunately for you, sometimes your criminal history will not come up in an entrapment defense. Because it is difficult to tell what the outcome of your specific case will be, it is important to speak to a defense attorney about your options. Call us today at The Law Office of Peter Blair for more information on how we can help you.