LEARNING OBJECTIVE
- Compare the subjective and objective entrapment defenses.
Historically, no legal l imit was placed on the government’s ability to induce individuals to commit crimes. The Constitution does not expressly prohibit this governmental action. Currently, however, all states and the federal government provide the defense of entrapment. The entrapment defense is based on the government’s use of inappropriately persuasive tactics when apprehending criminals. Entrapment is generally a perfect affirmative statutory or common-law defense.
Entrapment focuses on the origin of criminal intent. If the criminal intent originates with the government or law enforcement, the defendant is entrapped and can assert the defense. If the criminal intent originates with the defendant, then the defendant is acting independently and can be convicted of the offense. The two tests of entrapment are subjective entrapment and objective entrapment. The federal government and the majority of the states recognize the subjective entrapment defense. 1 Other states and the Model Penal Code have adopted the objective entrapment defense. 2
- 2820 reads
