The Illustrated Guide to Criminal Law
Chapter 12: I Was Entrapped!
Entrapment pg 19: Entrapment is Trickery
Note, however, that Entrapment does not mean the police forced you to commit the offense.
Police officer dressed as a clown, spraying water from a plastic flower in his lapel in Average Joe’s face
CLOWN COP
It’s more that they tricked you into it.
Entrapment is an “excuse” defense, where you had a choice, but you never would have chosen as you did if the police hadn’t changed your mind.
Average Joe in his professor hat again
JOE
This is a “subjective” approach, asking whether the defendant herself was already predisposed to commit the crime.
It’s all about fairness to this particular person who’s being accused.
Scholastic Average Joe talking head
JOE
But be aware that a few states use an “objective” approach—asking instead whether the police action would have corrupted any law-abiding citizen.
Instead of fairness, this approach is all about deterring bad police conduct.
