Entrapment is a defense in criminal cases where the defendant claims they were induced or coerced by law enforcement agents to commit a crime they would not have otherwise committed. In Oklahoma, the entrapment defense requires a thorough understanding of the law and the circumstances surrounding the case.
Definition of Entrapment
Entrapment occurs when law enforcement persuades, induces, or coerces an individual to commit a criminal act that they would not have otherwise. Its found most in felony cases involving harsh sentencing. The key elements of entrapment are the inducement by law enforcement and the defendant’s lack of predisposition to commit the crime.
Oklahoma follows the “subjective” test for entrapment, which focuses on the defendant’s predisposition to commit the crime. The defendant must show that law enforcement officers or agents actively induced or persuaded them to commit the crime. Mere opportunity or facilitation provided by law enforcement is not sufficient to establish entrapment. The inducement must involve persuasion, coercion, or other forms of pressure.
Additionally, the defendant must demonstrate that they had no predisposition to commit the crime before law enforcement approached them. This means the defendant would not have done so without law enforcement’s intervention.
Application of the Entrapment Defense
To successfully use the entrapment defense, the defendant must present evidence supporting both elements of the defense. This typically involves the following steps:
- Evidence of Inducement: The defendant must provide evidence showing that law enforcement agents initiated the idea of the crime and actively persuaded or pressured the defendant into committing it. This is common in drug trafficking case and can include testimony, recorded conversations, or other documentation of the interactions between the defendant and law enforcement.
- Lack of Predisposition: The defendant must demonstrate that they had no prior inclination or intent to commit the crime. This can involve presenting evidence of the defendant’s background, character, and past behavior, as well as any reluctance or hesitation they showed during the interactions with law enforcement.
- Jury Determination: The jury is responsible for determining whether there was entrapment. The jury will consider the evidence presented to decide if the defendant has met the burden of proof for entrapment.
Your attorney can help you through the process and with creating your best defenses.
Limitations and Challenges of the Entrapment Defense
The entrapment defense can be challenging to prove, as it requires clear evidence of inducement and a lack of predisposition. Additionally, the prosecution may counter the defense by presenting evidence that shows the defendant had predisposition to commit the crime, such as past criminal behavior or statements indicating an interest in committing the offense.
Entrapment is not a valid defense if the defendant was already willing or planning to commit the crime. Moreover, law enforcement is allowed to use undercover operations and other tactics to catch individuals committing crimes.
Take a Look at Our Tulsa Criminal Lawyers Web Site For More Information
Tulsa Criminal Lawyers
The entrapment defense asserts the defendant was induced or coerced by law enforcement into committing a crime they would not have otherwise committed. This defense requires proving both inducement by law enforcement and the defendant’s lack of predisposition. If you’re facing charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online.