What Constitutes Entrapment in Delaware?

Entrapment is a legal concept that can be used as an affirmative defense. Entrapment, essentially, occurs when law enforcement or a state agent induces a citizen to commit a crime they were not predisposed to commit. A defendant can raise an entrapment defense when they were pressured or tricked into committing a crime by the government, rather than being predisposed to commit the crime on their own.

How do I raise an entrapment defense? 

To successfully raise an entrapment defense, you must prove two main elements. Those are:

• Government inducement – The defendant is required to show that a law enforcement officer induced them to commit a specific crime. This means that the law enforcement officer initiated a criminal activity and persuaded the defendant to participate in the crime.

• Lack of predisposition – The defendant is required to demonstrate that they were not “predisposed” to commit the crime. This means that they were not already likely to engage in that type of criminal activity.

The court must consider whether the defendant was “ready and willing” to commit the crime for which they were charged, or whether the government’s actions created the criminal misconduct.

Understanding an entrapment defense 

Some types of defenses, such as self-defense, require the defendant to prove that they are innocent. The burden of proof shifts to the defendant when the defendant raises an entrapment defense. The standard of proof, however, is lower than the prosecutor’s. The defendant must prove that entrapment occurred by a preponderance of the evidence (it’s more likely than not).

In addition, entrapment is not a denial of guilt; instead, it’s a claim that the crime should not be punished due to government misconduct.

What are some examples of entrapment? 

• A police officer repeatedly pressures someone to buy drugs.
• An undercover agent emotionally manipulates someone to commit a crime.
• A police officer provides an opportunity for a crime without having reasonable suspicion that the suspect is involved in criminal activity.

Reasonable suspicion 

Entrapment is much more difficult to prove than most people think it is. If a law enforcement officer has a “reasonable suspicion” that a suspect is involved in criminal activity, the law enforcement officer can provide the suspect with an opportunity to commit the crime. In addition, entrapment is not a defense if a private citizen, who is not acting on behalf of the government, convinces someone to commit a crime.

The standard for determining whether or not entrapment occurred is a subjective test. It focuses on whether the defendant was “predisposed” to commit the crime had the government not induced him. This is very different from an objective test, which focuses on whether the government’s conduct would have caused a “reasonable, law-abiding” citizen to commit the crime.

Talk to a Wilmington, Delaware, Criminal Defense Lawyer Today 

Michael W. Modica represents the interests of those who have been charged with serious crimes in Delaware. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.