Tyler Texas Criminal Defense Lawyer Carlo D'Angelo
The entrapment defense is a legal principle that can protect individuals who have been charged with a crime that they would not have committed if not for the actions of the government or law enforcement officials. This defense has been recognized by the United States Supreme Court in a number of cases, including Jacobson v. United States and Glover v. United States.
In Jacobson, the Supreme Court stated that the entrapment defense protects an "otherwise law-abiding citizen who, if left to his own devices, likely would have never run afoul of the law." This means that the entrapment defense is designed to protect individuals who are not predisposed to committing a crime, but who are induced to do so by the government or law enforcement officials.
The entrapment defense has two key elements: government inducement and a lack of predisposition on the part of the defendant to engage in the criminal conduct. This means that in order for the entrapment defense to be successful, the defendant must be able to demonstrate that the government or law enforcement officials induced them to commit the crime, and that they were not predisposed to committing the crime on their own.
When a government informant buys drugs from a defendant, the defendant can show inducement by pointing to "evidence of reluctance" to sell the drugs or the informant's use of "persuasive overtures," beyond those "ordinarily present in a drug transaction." This means that if the defendant can demonstrate that they were hesitant to sell drugs or that the government informant used tactics beyond what is typically used in a drug transaction, they may be able to prove government inducement.
However, even if the defendant is able to prove government inducement, the government can rebut by demonstrating that the defendant was nevertheless predisposed to commit the crime. This means that if the government can show that the defendant was willing and able to commit the crime on their own, even without government intervention, the entrapment defense may not be successful.
In conclusion, the entrapment defense can be a powerful tool for individuals who have been charged with a crime that they would not have committed if not for the actions of the government or law enforcement officials. However, the success of this defense depends on the ability of the defendant to prove government inducement and a lack of predisposition on their part.
This blog post is strictly for infomrational purpose only and should in no way be considered legal advice. If you have a specific legal question about the entrapment defense, you should seek out the advice of a criminal defense attonrey.
