Entrapment occurs when a law enforcement officer uses improper behavior and tactics to convince an individual to commit a crime they may not have otherwise committed. In California, entrapment is seen as a defense against criminal prosecution, so it’s important for everyone involved in criminal legal proceedings to understand the basics of what constitutes entrapment under the law.
This blog post will discuss the background of entrapment regulations in California and explain what actions could be seen as unlawful attempts at inducing someone into committing a crime.
Definition of Entrapment in California
Entrapment is a legal term that refers to actions taken by law enforcement to entice or persuade an individual to commit a crime they otherwise would not have committed. However, proving entrapment in a court of law can be a complex and difficult task.
In California, the defense of entrapment requires the defendant to demonstrate that they were induced to engage in criminal behavior by a government agent, and that the government agent's conduct was designed to create a criminal opportunity that otherwise would not have existed. It is important to note that simply providing an opportunity to commit a crime does not constitute entrapment, as the government has the right to investigate criminal activities.
Types of Entrapment
Entrapment can take on many forms and can occur in a variety of situations. Some of the most common types of entrapment include:
- Business Entrapment – Business entrapment occurs when a company creates a situation that tricks a customer into purchasing a product they don't need.
- Government Entrapment – Government entrapment happens when officials entice citizens into committing a crime they would not have committed otherwise.
- Law Enforcement Entrapment – Law enforcement entrapment occurs when police officers use deceptive tactics to catch individuals breaking the law.
Elements of Entrapment
Entrapment is a word that sends a shiver down the spine of many individuals. It refers to the act of trapping someone through deceit, coercion, or forceful means. When one thinks of entrapment, the initial thought that comes to mind is a physical trap. However, it goes beyond that. It's more psychological and emotional in nature.
If you've ever found yourself in a difficult situation that seems impossible to get out of, there’s a good chance that you have experienced entrapment in one form or another. A couple of the most common elements of entrapment are false promises and manipulation tactics.
In some instances, entrapment can result in the dismissal of charges against a criminal defendant. As such, it is important to understand the laws surrounding entrapment and to seek legal counsel if you believe that you are facing criminal charges due to entrapment.
Give Appel & Morse a call at (805) 467-6060 or contact us online today for a free consultation with our criminal defense attorneys in California.