Entrapment is an affirmative defense that, if successful, can lead to a reduced sentence or an acquittal, as it negates the criminal intent necessary for conviction. However, it can be difficult to prove. Please continue reading as we explore how an experienced Bergen County Criminal Defense Attorney can help ensure you are not punished for a crime you were coerced into committing by the state.
What is Entrapment?
First and foremost, it’s important to understand that entrapment is a legal defense in which a defendant argues that they should not be held criminally liable for their unlawful actions because they were induced by law enforcement officers to commit a crime otherwise would not have committed. The defense hinges on distinguishing between a permissible investigation and an improper inducement. While law enforcement can set traps that offer an opportunity to commit a crime to those already predisposed, they overstep when their actions generate criminal intent in an otherwise innocent individual. The core principle is to prevent government agencies from manufacturing crime, focusing instead on their role in investigating existing criminal activity.
Generally, two types of entrapment can be established:
- Subjective Entrapment: This is the most common form, which focuses on a defendant’s state of mind and whether they were predisposed to commit the crime. To negate this defense, the prosecutor is burdened with proving beyond a reasonable doubt that the defendant was already inclined to commit the crime before law enforcement involvement. If the defendant was not predisposed to commit the crime, and law enforcement induced them to do so, the defense may be raised.
- Objective Entrapment: This type of entrapment is less common. It focuses on the conduct of law enforcement, rather than whether the defendant had shown any inclination to commit the crime. The central question is whether the police conduct was so egregious that it would compel an ordinary law-abiding individual to commit the offense. This defense redirects the focus from the defendant’s state of mind to the government’s objective actions and often elicits constitutional issues, particularly concerning due process.
How Can Entrapment Affect a Criminal Case?
Entrapment, as established in Jacobson v. United States (1992), serves as a significant defense in criminal cases. After a defendant raises the entrapment defense, the burden shifts to the prosecution to prove that entrapment didn’t occur. If successfully argued, this defense can lead to an acquittal, even if the prosecutor proves all other elements of the crime. An acquittal means the defendant is not found guilty.
This defense can significantly influence plea negotiations. If the defense has a strong claim, the prosecution may be more willing to offer a favorable plea agreement or even dismiss the charges. It’s unjust for the government to prosecute an individual for a crime that was induced by a government agent, as such actions would not have transpired without law enforcement’s instigation. A strong defense can be mounted if the defendant proves they were entrapped into committing the crime and would not have otherwise done so.
For more information, please don’t hesitate to contact an experienced attorney from The Law Office of Carl Spector. Our legal team is prepared to fight for you. Connect with us today to schedule a consultation.