What is the term for the legal defense that argues a defendant was induced by law enforcement to commit a crime they would not have otherwise committed?

Question

Accepted Answer

Entrapment. Entrapment is a legal defense in which the defendant argues that law enforcement officers or their agents induced, persuaded, or coerced the defendant into committing a crime that the defendant was not predisposed to commit. The key distinction in entrapment law is between providing an opportunity for a predisposed person to commit a crime (which is legal and is the basis of sting operations) and creating the criminal intent in a person who would not otherwise have committed the offense (which constitutes entrapment). Courts use either a subjective test (focusing on the defendant's predisposition) or an objective test (focusing on the government's conduct) depending on the jurisdiction.

Self-defense is a legal justification for using force to protect oneself from an imminent threat of unlawful harm, which is about justifying the defendant's own protective actions rather than arguing that the government manufactured the criminal conduct. Duress is a defense arguing that the defendant committed the crime because of an immediate threat of serious harm from another person, which involves coercion by a private party rather than inducement by law enforcement. Necessity (also called the "choice of evils" defense) argues that the defendant committed a lesser crime to prevent a greater harm, such as breaking into a cabin during a life-threatening blizzard, which is about choosing between two bad options rather than being induced by government agents.

Entrapment is important for the DSST exam because it defines the legal boundaries of undercover operations and sting tactics used by law enforcement. Students should understand the difference between the subjective and objective tests for entrapment, recognize what constitutes lawful undercover tactics versus improper inducement, and understand why this defense is relevant to investigations involving drug purchases, prostitution stings, cybercrime operations, and anti-terrorism investigations.

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