Definition
A criminal-law concept describing conduct, procedure, or legal consequence defined by governing offense or rule elements. It applies only when the legally specified conditions for its use or enforcement are satisfied. It does not apply where required elements or conditions are absent. It materially affects charging, adjudication, detention, or sanction decisions in practice. The concept is generally stable, though elements and penalties may be revised over time.
Principle
Principle
The organizing rule is that the state should not manufacture crime by coercing or persuading otherwise law-abiding persons to offend; legitimacy of prosecution requires absence of improper governmental inducement.
Demonstration
Demonstration
An undercover officer repeatedly pressures a previously law-abiding person to sell illegal drugs by offering money and sophisticated persuasion; if the defendant lacked predisposition, courts may find entrapment.
Misapplication
Misapplication
Asserting entrapment when the defendant was already predisposed to commit the crime, or when inducement came from a private actor rather than the government, misapplies the doctrine.
Consequence
Consequence
Successful entrapment leads to acquittal or dismissal and limits aggressive investigative tactics; it also delineates acceptable forms of undercover operations.
Reversal
Reversal
Reversed against duress or necessity: entrapment targets government-induced inducement where the actor lacked predisposition, whereas duress excuses action under threat and necessity responds to natural danger.
Boundary
Boundary
Entrapment applies only when government agents induce criminal conduct; jurisdictions differ on tests (subjective—focus on defendant predisposition—or objective—focus on government conduct).
Semantic Tension
Semantic Tension
Tension exists with voluntariness and predisposition analyses and with evidentiary defenses like mistake of fact; it sits between protecting citizens and enabling proactive policing.
Synthesis
Synthesis
Entrapment Defense coheres as a check on state power: when government inducement, not defendant predisposition, produces crime, prosecution may be barred; the doctrine's effect depends on whether a jurisdiction applies a subjective or objective test.