What is the entrapment defense requirement?

What is the entrapment defense requirement?

• A. The government unfairly tempted the defendant to commit a crime originated from the government
• B. The government never tempted anyone
• C. The crime was authorized by the defendant
• D. The defendant had a criminal record

Answer: (A)

Entrapment focuses on government inducement. The defense applies when law enforcement actively tempts or encourages someone to commit a crime that the person would not have committed otherwise, and the idea for the crime originated with the government, not the defendant. The key is that the government set in motion the criminal act. If the defendant was already predisposed to commit the crime, entrapment isn’t available because the act would have occurred without government intervention. The other ideas don’t fit because entrapment isn’t about a person’s past record, nor about the crime being something the defendant would have done on their own, nor about the government simply not tempting anyone.

Entrapment focuses on government inducement. The defense applies when law enforcement actively tempts or encourages someone to commit a crime that the person would not have committed otherwise, and the idea for the crime originated with the government, not the defendant. The key is that the government set in motion the criminal act. If the defendant was already predisposed to commit the crime, entrapment isn’t available because the act would have occurred without government intervention. The other ideas don’t fit because entrapment isn’t about a person’s past record, nor about the crime being something the defendant would have done on their own, nor about the government simply not tempting anyone.