It is entrapment pursuant to the subjective entrapment defense when law enforcement pressures the defendant to commit the crime against his or her will. The subjective entrapment test focuses on the defendant’sindividual characteristics more than on law enforcement’s behavior. If the facts indicate that the defendant is predisposedto commit the crime without law enforcement pressure, the defendant will not prevail on the defense.
The defendant’s criminal record is admissible if relevant to prove the defendant’s criminal nature and predisposition. Generally, law enforcement can furnish criminal opportunities and use decoys and feigned accomplices without crossing the line into subjective entrapment. However, if it is clear that the requisite intent for the offense originated withlawenforcement, not the defendant, the defendant can assert subjective entrapment as a defense.
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