Category: Uncategorized

  • Does Entrapment Negate Specific Intent?

    Entrapment is a legal defense that focuses on how the government’s actions might have led an otherwise law-abiding person into committing a crime. It doesn’t directly argue that the person lacked the required mental state (known as “specific intent”); instead, it points out that any intent to break the law came from heavy government pressure or encouragement. In other words, the defense admits the person technically had the intent at the time of the crime, but claims that intent was shaped by unfair government influence (Sorrells v. United States, 287 U.S. 435 (1932); Sherman v. United States, 356 U.S. 369 (1958); Jacobson v. United States, 503 U.S. 540 (1992)). If a jury believes the government’s conduct was improper, it can find the defendant not guilty for that reason—even though the defendant had the required intent when the crime occurred.

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