Malcolm Rivera
Entrapment is a valid defense against criminal charges, and it is based on the theory that government agents should not induce a person to commit a crime that they would not have otherwise committed. The two primary criteria for determining police entrapment are the subjective' standard, which focuses on the defendant's predisposition to commit the crime, and the 'objective' standard, which ignores the defendant's predisposition and instead considers the extent of police involvement in the crime's occurrence. While entrapment is not a constitutional prohibition, it can violate the right to a fair trial, and it has been the subject of court decisions and interpretations of the law.
Characteristics and Values
| Characteristics | Values |
|---|---|
| Entrapment Defense | A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to commit the crime |
| Inducement | Persuasion, mild coercion, pleas based on need, sympathy, or friendship, or extraordinary promises |
| Predisposition | The defendant was an unwary innocent or an unwary criminal who readily availed himself of the opportunity to perpetrate the crime |
| Primary Criteria | The 'subjective' standard, which focuses on the predisposition of defendants to commit the crime; the 'objective' standard, which ignores the defendant's predisposition and determines whether the extent of police involvement in the crime's occurrence is unacceptable |
| Due Process Standard | Weighs the predisposition of the defendant against the extent of police involvement in the crime, ruling for the defendant only in cases where law enforcement's staging of the crime is extensive and offensive |
| Police Conduct | Sting operations, deception, trickery, persuasion, fraud |
| Legal Precedent | In the 1999 decision, entrapment of persons not initially under suspicion was found to violate the right to a fair trial; in 2016, a British Columbia couple was found to have been entrapped by the Royal Canadian Mounted Police in a terrorism case |
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What You'll Learn
Inducement and predisposition
Predisposition, on the other hand, refers to the defendant's willingness or readiness to commit the crime. It focuses on whether the defendant was an "unwary innocent" or an "unwary criminal" who readily availed themselves of the opportunity to commit the crime. Predisposition is determined by assessing the defendant's reaction to the opportunity presented by the law enforcement officer. If the defendant promptly accepts the offer or opportunity to commit the crime, it may indicate a predisposition, even if there is no prior criminal involvement.
The relationship between inducement and predisposition is crucial in determining entrapment. Even if inducement by a government agent is established, a finding of predisposition can negate an entrapment defense. In other words, if it is determined that the defendant was predisposed to commit the crime, the defense of entrapment is unlikely to succeed.
The determination of predisposition can vary depending on the legal approach taken. The subjective approach focuses on the defendant's predisposition and whether they were induced to commit a crime they were not predisposed to commit. On the other hand, the objective approach ignores the defendant's predisposition and focuses solely on the extent of police involvement in the crime's occurrence, ruling in favor of the defendant only when law enforcement's staging of the crime is deemed extensive and offensive.
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Objective and subjective standards
The subjective standard for entrapment focuses on the defendant's state of mind and predisposition to commit a crime. It asks whether the defendant was an "unwary innocent" or an "unwary criminal" who took advantage of an opportunity to commit a crime. This standard holds that entrapment occurs when a defendant is induced to commit a crime that they were not predisposed to engage in. The burden of proof is on the defendant to show that government officials were the primary motivating factor for the criminal act and that they were not already willing to commit the crime.
In the US, 37 states have chosen to adopt the subjective test. In the last four US Supreme Court cases where entrapment was an issue, the subjective standard was used to determine the Court's decision. However, the Court has also suggested that a conviction could be overturned on the basis of a denial of due process if police abuse undercover law enforcement activity, regardless of the defendant's predisposition.
The objective standard, on the other hand, ignores the defendant's predisposition to commit the crime and focuses instead on the actions and conduct of government officials. It asks whether the police involvement in the crime was unacceptable or would have induced a normally law-abiding person to commit a crime. This standard holds that entrapment occurs when the actions of government officials are the primary reason for the criminal act.
The remaining US states have chosen to adopt the objective test. This test has been advocated in concurring opinions of all relevant Supreme Court cases. The objective standard is also used in England and Wales, as established in R. v. Loosely (2001).
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Due process
The due process standard in entrapment cases involves a careful weighing of two key factors: the predisposition of the defendant and the extent of police involvement in the crime. Firstly, the court examines whether the defendant had a prior inclination or predisposition to commit similar crimes. This determination is crucial, as it helps establish whether the defendant was an "unwary innocent" or an "unwary criminal." However, it is important to note that predisposition should not be confused with intent. Even individuals without prior criminal involvement can be predisposed to commit a crime if they readily avail themselves of the opportunity.
The second factor considered under due process is the level of police involvement in the criminal act. This evaluation focuses on the nature and extent of the law enforcement officer's actions. Did they merely present an opportunity to commit a crime, or did they actively and extensively manipulate the defendant into committing it? The due process standard rules in favor of the defendant only when law enforcement's staging of the crime is deemed extensive and offensive.
In the United States, the Supreme Court has primarily utilized the 'subjective' standard in entrapment cases, taking into account the defendant's predisposition. However, the Court has acknowledged the possibility of overturning convictions on due process grounds if police undercover activities are deemed excessively abusive or dominant in the commission of the crime. This flexibility allows for a more nuanced assessment of police conduct and its potential violation of due process rights.
The concept of entrapment and its intersection with due process is not limited to the United States. In England and Wales, the case of R. v. Loosely (2001) established that entrapment by the state can violate the right to a fair trial, potentially leading to reduced punishment for the offense. Similarly, German law generally forbids inducing or persuading someone to commit a crime, although their Federal Court of Justice has not recognized entrapment by undercover agents as an automatic reason to halt proceedings. These international examples highlight the universal importance of due process in ensuring fair and just legal outcomes.
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Fair trial
Entrapment is a practice in law enforcement that raises questions about the fairness of a trial and can even result in a violation of an individual's right to a fair trial. The term "entrapment" refers to the act of a law enforcement agent or an agent of the state inducing a person to commit a crime that they would have otherwise been unlikely or unwilling to commit. This can involve deception, trickery, persuasion, or fraud on the part of the officer or agent.
In the context of a fair trial, the concern with entrapment is that it may result in the conviction of individuals who, without the involvement of law enforcement, would not have committed a crime. This raises doubts about the fairness and accuracy of the justice system, as it suggests that the criminal act may have been primarily orchestrated by the state rather than the accused.
The defence of entrapment is available in many jurisdictions, and it can be used to argue against criminal liability. A successful entrapment defence requires two key elements: government inducement of the crime and the defendant's lack of predisposition to commit the criminal act. This means that the defendant must show that they were persuaded or coerced by the government agent and that they were not already inclined to commit the crime.
In the United States, the determination of entrapment has historically been based on two primary criteria: the 'subjective' standard and the 'objective' standard. The subjective standard focuses on the predisposition of the defendant, considering whether they were already inclined to commit the crime. On the other hand, the objective standard ignores the defendant's predisposition and instead evaluates the extent of police involvement in the crime's occurrence, ruling for the defendant only when law enforcement's staging of the crime is deemed excessive and unacceptable.
The implications of entrapment for a fair trial are significant. If a court finds that a defendant was entrapped after they have been found guilty, the court can enter a judicial stay of proceedings, which is similar to an acquittal. This was demonstrated in a 2016 case in British Columbia, where a couple was initially found guilty of attempting to blow up the British Columbia Parliament Buildings but was later acquitted when it was determined that they had been entrapped by the Royal Canadian Mounted Police.
In conclusion, entrapment is a complex issue that intersects with an individual's right to a fair trial. While the specific criteria for determining entrapment vary across jurisdictions, the common thread is the recognition that excessive state involvement in inducing criminal acts can undermine the fairness and integrity of the justice system.
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Undercover work
Entrapment occurs when an undercover law enforcement officer induces or persuades a person to commit a crime that they would not have otherwise committed. It is important to note that simply providing an opportunity to commit a crime does not constitute entrapment. The officer must use some form of coercion, such as threats, harassment, or fraud, to induce the criminal act. This is a key distinction, as it shows that the individual was not predisposed to commit the crime and was essentially forced to do so by the officer.
In the United States, there is no requirement for undercover police officers to identify themselves as such during sting operations or other undercover work. This means that officers may lie or use deception as part of their work. However, this does not give them free rein to entrap individuals. The law of entrapment focuses on whether an individual was enticed to commit a crime they would not have otherwise considered, regardless of the officer's identity.
When determining if entrapment has occurred, courts in the US have employed two primary standards: the subjective standard and the objective standard. The subjective standard considers the defendant's predisposition to commit the crime, weighing it against the actions of law enforcement. The objective standard ignores the defendant's predisposition and focuses solely on the extent of police involvement, determining if it was unacceptable or overbearing. The objective standard is often considered more difficult to meet, as it requires proving that the actions of law enforcement were the primary motivating factor for the criminal act.
In some cases, the US Supreme Court has left open the possibility that a conviction can be overturned on the basis of a denial of due process, even if the defendant was predisposed to commit the crime. This occurs when law enforcement has greatly abused their power in dominating the commission of the crime. Therefore, undercover officers must be mindful of the boundaries of acceptable behaviour during their operations.
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Frequently asked questions
Entrapment is a practice in which a law enforcement agent or an agent of the state induces a person to commit a crime that the person would have otherwise been unlikely or unwilling to commit.
The two elements of entrapment are government inducement of the crime and the defendant's lack of predisposition to commit the crime.
The 'subjective' standard focuses on the predisposition of the defendant to commit the crime, while the 'objective' standard ignores the defendant's predisposition and looks at whether the extent of police involvement in the crime is unacceptable.
Entrapment violates the right to a fair trial and due process of law. It can result in a reduction of punishment or an acquittal if the defendant is found to have been entrapped.
Sting operations and undercover police work can sometimes lead to entrapment. For example, in 2016, a British Columbia couple was found to have been entrapped by the Royal Canadian Mounted Police into a plot to blow up the British Columbia Parliament Buildings.
