Entrapment isn’t just something you see on television or in movies – it’s a real tactic used by police to lure innocent people into committing crimes so they can be arrested. Here’s what you should know about the entrapment defense in Massachusetts.
Entrapment Explained
The entrapment defense is a legal argument that can be used by defendants in criminal cases, which claims that they were induced by law enforcement to commit a crime that they would not have if not for police activity. If the defense is successful, it can result in the dismissal of charges or evidence being declared inadmissible.
Why Does Law Enforcement Use Entrapment?
One of the most common reasons for police entrapment is to catch criminals in the act. This was the rationale behind the famous sting operation that led to the arrest of Al Capone, one of America’s most notorious gangsters. In this case, police lured Capone into committing tax evasion so police could arrest and prosecute him.
In some rare cases, police may also engage in entrapment for political reasons. For example, during the Cold War era, there were instances of American and Soviet intelligence agencies using it as part of their spy games with each other.
Key Elements of Proving Entrapment
There are generally four key elements of proving entrapment. First, the defendant must show that the police caused the defendant to commit a crime that the defendant wasn’t predisposed to commit, and the police did more than just persuade or convince the defendant to engage in criminal activity.
The burden of proof for entrapment lies with the defense. This means that the defendant must present enough evidence to raise a reasonable doubt as to whether they would have committed the crime if not for the police misconduct. In some cases, this may simply be the testimony of the defendant. In others, it may require witnesses or other forms of evidence.
You can also use different types of evidence to show the court that law enforcement officers used this tactics against you. For example, if there are recorded conversations between the defendant and police officers, these can help show what was said and how the interactions transpired. Video footage from surveillance cameras or body cameras worn by police officers may also be helpful in providing visual confirmation of what happened between the parties involved.
