Entrapment is not as common a crime as most people would believe it to be, and it is far more complicated than what you might find depicted in movies and on television. Entrapment occurs when a government agent or agency convinces a private citizen to commit a crime when he or she would not be likely to commit a crime when left on his or her own.
Most cases of entrapment involve a “rogue” government agent who either (1) Is involved in illegal activity and needs someone on which to blame the crime; or (2) Is determined to convict an innocent person of a crime. Entrapment does not occur when government agents are put undercover for the purpose of exposing crime; in those instances, they are simply set to monitor the criminal activity that is already going on, which is not entrapment.
In order for a defense attorney to successfully argue an entrapment defense, he or she must be able to prove that the defendant did not want to go along with the “plan”, but that a government agent insisted on it. The defense must also prove (usually with the assistance of character witnesses) that the defendant lacks a criminal mindset and that he or she would never have thought to commit the criminal act without prompting from the government agent.
One of the most controversial situations of alleged entrapment is when “sting” operation officers attempt to catch drug dealers or prostitutes at work. Even though police officers are supposed to wait for the other person to solicit criminal activity, critics argue that the officers are encouraging the activity. Entrapment, however, does not apply to instances in which government agents provide only opportunity to commit a crime; the officer must actually try and convince the subject to participate in criminal acts.
Although entrapment is a valid defense, it is seldom used because it is so difficult to prove. Further, a defendant with a criminal record will have a hard time convincing a jury or judge that he or she was not apt to commit a subsequent crime. The defense must prove that entrapment is a legitimate and practical defense before they present their case in front of a jury.
That said, entrapment is a serious offense, and if it is found that a government agent did coerce an individual into committing a crime, the penalties are severe. First, there will be an investigation by the Internal Affairs Bureau (if it is a police officer in question) or the FBI (if it is a federal agent). If entrapment seems to be the case, the agent will be tried in court for his or her offense. Penalties almost always include the suspension of the government agent and can include jail time.
If you or someone you know has been a victim of entrapment, the first thing to do is to consult a qualified attorney who has experience in these matters. Since entrapment can be difficult to prove, you will need to be completely forthright in your explanation of events so that your attorney can prepare an adequate defense.
