Which defense requires that the government unfairly tempted the defendant to commit a crime and originated the idea?

Which defense requires that the government unfairly tempted the defendant to commit a crime and originated the idea?

• A. Entrapment
• B. Duress
• C. Necessity
• D. Impossibility

Answer: (A)

Entrapment is a defense that applies when government agents unfairly induce someone to commit a crime and actually originate the idea for the crime. The key idea is that the law’s wrongdoer is the government itself, not the defendant, because the crime wouldn’t have happened without the government's instigation. If the defendant was not predisposed to commit the offense and the government planted the idea or goaded them into action, entrapment can excuse liability. But if the defendant was already inclined to commit the crime or simply seized an opportunity provided by authorities, entrapment isn’t a defense. Contrast this with duress, which rests on a threat of harm forcing someone to commit a crime; necessity, which involves choosing a lesser evil to prevent a greater harm; and impossibility, which argues the crime couldn’t be completed even if attempted. Those defenses don’t hinge on government origination of the idea.

Entrapment is a defense that applies when government agents unfairly induce someone to commit a crime and actually originate the idea for the crime. The key idea is that the law’s wrongdoer is the government itself, not the defendant, because the crime wouldn’t have happened without the government's instigation. If the defendant was not predisposed to commit the offense and the government planted the idea or goaded them into action, entrapment can excuse liability. But if the defendant was already inclined to commit the crime or simply seized an opportunity provided by authorities, entrapment isn’t a defense.

Contrast this with duress, which rests on a threat of harm forcing someone to commit a crime; necessity, which involves choosing a lesser evil to prevent a greater harm; and impossibility, which argues the crime couldn’t be completed even if attempted. Those defenses don’t hinge on government origination of the idea.