Entrapment in the United States

Intentional action by a government official that induces a person into committing a criminal act. Entrapment (Criminal Process) is an affirmative defense that excuses a person from responsibility for crimes prompted by governmental deception or persuasion. An Entrapment (Criminal Process) defense is possible where a case can be made that government so aggressively sought evidence against a person that it actually prompted illegal conduct. In an Entrapment (Criminal Process) situation, the government agent originates the plan for committing the crime and either persuades or encourages another to participate or falsely creates the perception that the act is not criminal. An accused who wishes to assert a defense of Entrapment (Criminal Process) must show that except for the action of government, he or she would not have committed the crime.

See Also

Affirmative Defense (Criminal Process).

Sig7iificance Entrapment (U.S.) constitutes governmental conduct so offensive that it is a denial of due process. Accordingly, prosecution based on evidence from such crimes is prohibited. The Entrapment (U.S.) defense often comes from “sting” operations where law enforcement agents go undercover and arrange purchases of contraband, commonly narcotics, from persons against whom they are trying to develop a case. Under such circumstances, it is difficult for an accused to show that criminal conduct was not otherwise intended. Thus, the Entrapment (U.S.) defense is seldom successful.

Notes and References

1. Definition of Entrapment from the American Law Dictionary, 1991, California

Practical Information

Note: Some of this information was last updated in 1982

In criminal law, an affirmative defense that excuses a defendant from criminal liability for crimes induced by police persuasion or trickery. The majority “subjective” view of entrapment requires that the defendant prove that but for the objectionable police conduct, he or she would not have committed the crime.

(Revised by Ann De Vries)

What is Entrapment?

For a meaning of it, read Entrapment in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Entrapment.

Entrapment Explained

References

See Also

• Criminal Law
• Criminal Procedure
• Defenses

Resources

See Also

Criminal Procedure: Constitutional Aspects; Excuse: Theory; Excuse: Duress; Obscenity and Pornography: Behavioral Aspects; Police: Police Officer Behavior; Police: Policing Complainantless Crimes; Sex Offenses: Consensual.

Case Law

Casey v. United States, 276 U.S. 413 (1928).

Rochin v. California 342 U.S. 165 (1952).

United States v. Twigg, 588 F.2d 373 (3rd Cir. 1978).

Further Reading (Books)

Abramson, Leslie W., and Lindeman, Lisa L. “Entrapment and Due Process in the Federal Courts.” American Journal of Criminal Law 8 (1980): 139-182.

Allen, Robert J.; Luttrell, Melissa; and Kreeger, Anne. “Clarifying Entrapment.” Journal of Criminal Law and Criminology 89 (1999): 407-431.

Bennett, Fred Warren. “From Sorrells to Jacobsen : Reflections on Six Decades of Entrapment Law, and Related Defenses, in Federal Court,” Wake Forest Law Review 27 (1992): 829-852.

Camp, Damon D. “Out of the Quagmire after Jacobsen v. United States, toward a More Balanced Entrapment Standard.” Journal of Criminal Law and Criminology 83 (1993): 1055-1097.

Carlson, Jonathan C. “The Act of Requirement and the Foundations of the Entrapment Defense.” Virginia Law Review 73 (1987): 1011-1046.

Defeo, Michael A. “Entrapment as a Defense to Criminal Responsibility: Its History, Theory, and Application.” University of San Francisco Law Review 1 (1967): 243-276.

Donnelly, Richard C. “Judicial Control and Informants, Spies, Stool Pigeons, and Agent Provocateurs.” Yale Law Journal 60 (1951): 1091-1131.

Groot, Roger D. “The Serpent Beguiled Me and I (Without Scienter) Did Eat-Denial of Crime and Entrapment Defense.” University of Illinois Law Forum (1973): 254-278.

Marcus, Paul. “The Development of Entrapment Law.” Wayne Law Review 33 (1986): 5-37.

— “Toward an Expanded View of the Due Process Claim in Entrapment Cases.” Georgia State University Law Review 6 (1989): 73-84.

–. The Entrapment Defense, 2d ed. Charlottesville, Va.: Michie, 1995.

–. “Presenting, Back from the [Almost] Dead, the Entrapment Defense.” Florida Law Review 47 (1996): 205-245.

Mascolo, Edward G. “Due Process, Fundamental Fairness and Conduct That Shocks the Conscience: The Right Not to Be Enticed or Induced to Crime by Government and its Agents.” Western New England Law Review 7 (1984): 1-54.

Mullock, Philip. “The Logic of Entrapment.” University of Pittsburgh Law Review 46 (1985): 739-753.

Park, Roger. “The Entrapment Controversy.” Minnesota Law Review 16 (1976): 163-274.

Seidman, Michael. “The Supreme Court, Entrapment, and Our Criminal Justice Dilemma.” The Supreme Court Review (1981): 111-155.

Further Reading (Articles)

Bedrail entrapment: is your facility safe? A comprehensive look at strategies to reduce these often fatal mistakes.(Resident Safety), Nursing Homes; November 1, 2004; Braun, Julie A. Capezuti, Elizabeth A.

U.S. Grain Entrapments on the Increase, Resource: Engineering & Technology for a Sustainable World; July 1, 2010; Roberts, Matt

U.S. grain entrapments on the increase: a disturbing trend., Resource: Engineering & Technology for a Sustainable World; July 1, 2010; Roberts, Matt Field, Bill

Entrapment Defense, Encyclopedia of the American Constitution; January 1, 2000

Avoiding the Entrapment Defense in a Post-9/11 World, The FBI Law Enforcement Bulletin; January 1, 2012; Gottfried, David J.

Clarifying Entrapment, Journal of Criminal Law and Criminology; January 1, 1999; Allen, Ronald J. Luttrell, Melissa Kreeger, Anne

The EU’s “Rhetorical Entrapment” in Enlargement Reconsidered: Why Hasn’t It Worked for Turkey?, Insight Turkey; June 22, 2012; Saatcioglu, Beken

Reducing Risk of Entrapment in Hospital Beds, FDA Consumer; May 1, 2006

Entrapment Processes and Immigrant Communities in a Time of Heightened Border Vigilance, Human Organization; December 1, 2007; Núñez, Guillermina Gina Heyman, Josiah McC

`ENTRAPMENT’ SNARES NO. 1 AT BOX OFFICE; CONNERY FILM SETS APRIL RECORD.(News), Daily News (Los Angeles, CA); May 3, 1999

Bilateral superficial peroneal nerve entrapment secondary to anorexia nervosa: a case report.(Case report)(Case study), Journal of Brachial Plexus and Peripheral Nerve Injury; April 27, 2008; Sevinc, Teoman Toni Kalaci, Aydiner Do?ramaci, Yunus Yanat, Ahmet Nedim

The forgotten constitutional right to present a defense and its impact on the acceptance of responsibility-entrapment debate., Michigan Law Review; November 1, 2004; Bridges, Katrice L.

New Tendon Entrapment Research from Walter Reed National Military Medical Center Outlined, Pediatrics Week; October 6, 2012

Entrapment defeats Rebel Vibes, Virgin Islands Daily News; July 19, 2002; SEAN McCOY

Predisposition and Positivism: The Forgotten Foundations of the Entrapment Doctrine, Journal of Criminal Law and
Criminology; January 1, 2013; Frampton, T. Ward

IOWA FACE PROGRAM WARNS OF GRAIN ENTRAPMENT RISK., States News Service; October 19, 2011

Entrapment of the introducing sheath of a pulmonary artery catheter.(Case study), Anaesthesia and Intensive Care; November 1, 2009; Ramaswamykanive, H. Bihari, D.J.

UNRAVELING UNLAWFUL ENTRAPMENT, Journal of Criminal Law and Criminology; July 1, 2004; Dillof, Anthony M

FSPA takes stance on entrapment.(Making News), Pool & Spa News; March 12, 2004; Dumas, Bob

Fatal car trunk entrapment involving children–United States, 1987-1998, MMWR. Morbidity and Mortality Weekly Report; December 4, 1998; Anonymous