Entrapment
Entrapment is a legal defense.
There are TWO forms of entrapment:
- 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).
- 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.
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