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Definitions Edit

Computer security Edit

Entrapment is

[t]he deliberate planting of apparent flaws in a system to detect attempted penetrations or confuse intruders about which flaws to exploit.[1]

Criminal law Edit

A person is entrapped when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit.[2]

Overview (Criminal law) Edit

A defendant who is subject to entrapment may not be convicted as a matter of public policy. However, there is no entrapment where a person is ready and willing to break the law and the government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. Merely providing an opportunity to commit a crime is not entrapment.

In order to find entrapment, there must be persuasion to commit a crime by the entrapping party. Entrapment is an affirmative defense in which the defendant has the burden of proof. It excuses a criminal defendant from liability for crimes proved to have been induced by certain governmental persuasion or deceit. To claim inducement, a defendant must demonstrate that the government conduct created a situation in which an otherwise law-abiding citizen would commit an offense. The defendant must show that he or she was unduly persuaded, threatened, coerced, harassed, or offered pleas based on sympathy or friendship by police.[3]

References Edit

  1. Auditing and Financial Management: Glossary of EDP Terminology, at 7.
  2. The Federal Bureau of Investigation and Terrorism Investigations, at 21-22 n.143.
  3. Id.

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