Experienced Criminal Defense Attorneys

Proving entrapment can be an excellent criminal defense strategy

On Behalf of | Aug 26, 2023 | CRIMINAL DEFENSE - White Collar Crimes

In the intricate world of criminal defense, where the scales of justice hang in the balance, the strategy chosen can make all the difference. Among the myriad defense tactics available, one stands out for its uniqueness and effectiveness – proving entrapment. Entrapment, at its core, revolves around the notion that the defendant was coerced or induced into committing a crime they otherwise would not have committed. 

This legal defense hinges on demonstrating that law enforcement officials, intentionally or not, encouraged the criminal act, essentially creating a scenario that entrapped the individual. For this defense to succeed, it must be convincingly established that the defendant had no predisposition or intent to engage in unlawful activity prior to the intervention of external forces.

The elements of a successful entrapment defense

Since entrapment underscores the defendant’s lack of intent to commit the crime, leveraging this approach as a defense strategy requires a meticulous analysis of the defendant’s prior actions and behavioral patterns, painting a picture that disputes any preexisting criminal intent. This inducement could manifest as; 

  • Pressure 
  • Manipulation 
  • Promises of reward

Over the years, the legal landscape surrounding entrapment has evolved through landmark cases that have set crucial precedents. One such case where entrapment was recognized as a valid defense is Sorrells v. United States (1932), where the Supreme Court highlighted the importance of evaluating the defendant’s predisposition. This pivotal ruling established that the government’s actions must not create a criminal opportunity where none existed.

In the intricate tapestry of criminal defense, the strategy of proving entrapment stands as a formidable weapon. By strategically showcasing inducement and lack of predisposition, this defense has the potential to unveil a narrative of innocence, even in the most complex cases. It challenges the bounds of justice, helping ensure that those accused are not merely statistics but individuals deserving of a fair legal battle.