When a police officer or government agent deceives someone into committing a crime in order to arrest and charge them, it is known as objective entrapment. This practice is considered illegal and unjust. If an individual can prove that they were deceived into committing a crime, they may be able to use it as a defence in court. Derivative entrapment occurs when the government employs a private individual to deceive someone into committing a crime. Sentencing entrapment is when an individual is deceived into committing a more severe crime than they would have otherwise, resulting in a more severe punishment.
Objective entrapment is a legal term used to describe a situation where a person is induced by a law enforcement officer or government agent to commit a crime through fraud or undue persuasion, with the intention of later prosecuting them for that crime. For instance, if an undercover police officer convinces an individual to sell drugs to them, even if the person had no intention of doing so before the officer approached them, it can be considered objective entrapment. To prove objective entrapment, the defendant must demonstrate that they would not have committed the crime if it weren’t for the actions of the law enforcement officer or government agent. It is important to note that not all forms of entrapment are illegal. Entrapment is only deemed illegal if the government agent’s behaviour is considered egregious or if the defendant was induced to commit a more serious offence than they were predisposed to commit. For example, if a person is already inclined to commit a lesser offence, such as selling a small amount of drugs, but is persuaded by a law enforcement officer to sell a larger amount that carries a harsher punishment, this could be considered sentencing entrapment. Overall, objective entrapment is a complex legal concept that revolves around the actions of law enforcement officers and government agents, and whether their conduct was legal or illegal in inducing someone to commit a crime.
Objective entrapment refers to a legal defence strategy where a defendant argues that law enforcement officers induced them to commit a crime they would not have otherwise committed.
Subjective entrapment focuses on the defendant’s predisposition to commit a crime, while objective entrapment focuses on the actions of law enforcement officers in inducing the crime.
To establish objective entrapment, the defendant must demonstrate that law enforcement officers used methods or tactics that would induce a law-abiding person to commit the crime.
No, objective entrapment can only be used as a defence if the defendant can prove that law enforcement officers induced them to commit the crime.
Examples of objective entrapment may include situations where law enforcement officers repeatedly pressure or coerce an individual into committing a crime they would not have otherwise committed.
Yes, undercover officers can engage in objective entrapment if their actions induce a law-abiding person to commit a crime they would not have otherwise committed.
The burden of proof lies with the defendant to prove that objective entrapment occurred. They must provide sufficient evidence to convince the court that law enforcement officers induced them to commit the crime.
Yes, if the defendant successfully proves objective entrapment, the court may dismiss the charges against them.
Yes, some jurisdictions may have specific legal requirements or limitations on the use of objective entrapment as a defence. It is important to consult with a legal professional familiar with the local laws and regulations.
No, objective entrapment is a defence strategy used in criminal cases to challenge the legality of law enforcement actions. It does not apply to civil cases.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/objective-entrapment/
- Modern Language Association (MLA):Objective Entrapment. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/objective-entrapment/.
- Chicago Manual of Style (CMS):Objective Entrapment. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/objective-entrapment/ (accessed: May 09 2024).
- American Psychological Association (APA):Objective Entrapment. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/objective-entrapment/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts