Entrapment

Entrapment is a legal defense.

 

There are TWO forms of entrapment:

 

1.    Objective Entrapment focuses on the conduct of law enforcement. It is a bar to prosecution when the government’s conduct is so egregious and so offends decency or a sense of justice, that it amounts to a denial of due process. (Examples: police offering sex in return for drugs or police cooking up crack in a police laboratory then selling it).

 

2.    Subjective Entrapment focuses on an apparent lack of predisposition on the part of the defendant: when the police (or a police agent) present a criminal opportunity to a person who is not looking for it.

 

If there is no police involvement entrapment is not a defense.