LAW 3840
Criminal Law and Procedure
Dr. Edmonds
Study Guide, Entrapment
Entrapment is a defense to criminal conduct. If raised successfully,
it negates the element of intent.
The choice of the term “entrapment” is unfortunate. Most people
assume it means that the police have set a trap for a criminal
defendant, and that is not the crux of the defense.
Police set traps for criminals every day, and the police conduct
involved does not taint or interfere with a successful prosecution.
Examples:
Speed traps
Fencing operations
Phony tickets to games, etc.
Reverse buys
Entrapment, page 2
What then is “entrapment”?
Two elements:
A government agent induced the defendant to commit the
crime.
The defendant was not otherwise predisposed to commit the
crime.
Read Jacobson v. United States, 503 U.S. 540 (1992)
Examples from class: