Fred, age 23, was searching an online chat room to meet new women. While online, a girl who claimed to be 13 years old offered him sexual favors. He agreed to meet the girl at her home during the afternoon while her parents were at work. When Fred arrived, the police were there to arrest him. What is entrapment? What are the two tests to entrapment? Using the given case, illustrate how the tests are administered to determine entrapment.

Question

What will be an ideal response?

Answer 1

Entrapment is the conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer. Students must apply both the subjective test and the objective test to determine liability. Under the subjective test, students must determine whether the defendant was predisposed to the crime despite inducement from the government (if any). To establish predisposition, students must discuss several elements: (1) the character or reputation of the defendant, (2) whether the accused suggested the criminal activity, (3) whether the defendant was already engaged in criminal activity for profit, (4) whether the defendant was reluctant to commit the offense, and (5) the attractiveness of the inducement. Under the objective test, students must focus on the acts of the government – offering sexual favors – and arguing whether this amounted to the government manufacturing a crime against an otherwise innocent individual.