Entrapment
Legal defense against state-induced crime, with varying national standards.
Entrapment is a legal and ethical concept in which a law enforcement agent or state agent induces a person to commit a crime they would otherwise have been unlikely or unwilling to commit. In US law, it is defined as the conception and planning of an offense by an officer or agent, and the procurement of its commission by one who would not have perpetrated it except for trickery, persuasion, or fraud. The practice is broadly discouraged and, in many jurisdictions, serves as a defense against criminal liability.
- Key US cases
- Sorrells v. United States, Sherman v. United States
- Fields affected
- Law enforcement, journalism, whistle-blowing
Lore & Background
Factors include whether police acted in good faith, had good reason to suspect the accused, and whether proactive techniques were necessary.
Reader's Guide
Entrapment occupies a contested space in legal systems, balancing effective law enforcement against the risk of state overreach. In the United States, two competing tests—subjective (focusing on the defendant's predisposition) and objective (focusing on government conduct)—reflect ongoing disagreement about the proper standard. The defense is not available in all jurisdictions, and where it is, the burden of proof varies: sometimes the prosecution must disprove entrapment beyond a reasonable doubt, sometimes the defendant must prove it as an affirmative defense. Sting operations, while common, raise entrapment concerns. The concept also extends beyond criminal law into journalism and whistle-blowing, where it denotes deceptive techniques to trick someone into a transgression. Overall, entrapment remains a tool for courts to police the boundaries of acceptable state conduct, with remedies ranging from reduced punishment to dismissal of charges.
Did You Know?
- In Canada, entrapment is considered only after a finding of guilt; if found, a judicial stay of proceedings is entered.
More in Criminal Law & Procedure 1-20
Spotted an error? Know more?
This is a living reference — every entry is fact-audited, and reader corrections feed straight into our audit queue. Suggest an edit · See this site's audit record