Entrapment is a defense that can be used in a criminal case to argue that the defendant should not be held responsible for their actions because they were induced or coerced into committing the crime by law enforcement. To determine whether the defense of entrapment applies in a particular case, the following factors are typically considered:

  1. Government inducement: The defendant must be able to demonstrate that law enforcement officers or agents induced them to commit the crime. This means that the government must have played an active role in encouraging the defendant to commit the crime.
  2. Lack of predisposition: The defendant must also be able to demonstrate that they were not predisposed to commit the crime before the government’s involvement. This means that the defendant must not have been ready and willing to commit the crime before they were approached by law enforcement.
  3. Objective evidence: The defendant must provide objective evidence of government inducement and lack of predisposition. This can include recordings of conversations, witness testimony, or other documentation.

If the defendant is able to demonstrate all three of these factors, then they may be able to successfully argue the defense of entrapment. However, the burden of proof is on the defendant to demonstrate that they were entrapped. It is also important to note that not all undercover or sting operations by law enforcement are considered entrapment, and the circumstances of each case will be evaluated on a case-by-case basis.