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  2. Key Takeaways: Entrapment Defense

    • Entrapment is an affirmative defense that must be proved by a preponderance of the evidence.
    • In order to prove entrapment, a defendant must first show that a government agent induced the defendant to commit a crime.
    • The defendant must also show that he or she was not predisposed to commit the crime prior to government intervention.
    www.thoughtco.com/entrapment-defense-4177915
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  3. People also ask
    What is the entrapment defense?Currently, however, all states and the federal government provide the defense of entrapment. The entrapment defense is based on the government’s use of inappropriately persuasive tactics when apprehending criminals. Entrapment is generally a perfect affirmative statutory or common-law defense. Entrapment focuses on the origin of criminal intent.
    What is a valid entrapment defense?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. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.
    Why is entrapment a difficult defense?Without such coercion, the crime would never have been committed. 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.
    What is entrapment in criminal law?645. Entrapment—Elements Entrapment is a complete defense to a criminal charge, on the theory that "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."
     
  4. 645. Entrapment—Elements - United States Department of Justice

     
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