Entrapment - sustany/dvg GitHub Wiki

An�affirmative defense�in which a defendant alleges that a law enforcement agent or agent of the state acquired the�evidence�necessary to commence prosecution of the defendant by inducing the defendant to engage in a criminal act that the defendant would not otherwise have committed. see, e.g.�Jacobson v. United States, 503 U.S. 540 (1992). Each state has its own case law and statute that outlines when and how the entrapment defense is applicable, and a subjective test for claims of entrapment may be applied, which includes two elements:

  • The defendant's lack of proclivity to conduct in crime
  • The government's inducement of the crime