Entrapment is a common issue in drug cases involving undercover officers or confidential informants. If law enforcement persuaded someone to commit a drug offense they otherwise would not have committed, that person might claim entrapment. But the legal standard is high, and proving it requires specific facts.
Understanding how entrapment works can help clarify when this defense applies and what courts look for when deciding if it’s valid.
What qualifies as entrapment?
Entrapment occurs when a law enforcement officer induces a person to commit a crime that the person had no intention of committing beforehand. It goes beyond simply providing the opportunity. If you were predisposed to commit the crime, entrapment won’t apply.
Massachusetts courts focus on your mindset before the alleged crime. If the government merely presented an opportunity and you took it willingly, entrapment isn’t a defense. But if the idea originated with the officer, and you were reluctant or resistant, that’s different.
How do courts evaluate entrapment claims?
Courts analyze your background, previous conduct, and the nature of the officer’s involvement. A successful defense requires evidence that you lacked any intent to commit a drug offense before law enforcement’s influence. Aggressive tactics, repeated pressure, or manipulation by officers can help establish entrapment.
For instance, if an informant persistently encouraged you to sell drugs over time despite your reluctance, a judge might see that as entrapment. But if you were already engaged in drug activity, that defense becomes much less effective.
When is the defense successful?
Entrapment is difficult to prove because the burden falls on the defendant. You must demonstrate that the government’s actions created the criminal situation and that you wouldn’t have participated otherwise. A clean record and hesitation to commit the offense can support this argument.
Predisposition is key. If the court finds you were already inclined to commit the crime, the defense will likely fail.
Entrapment isn’t a catch-all defense, but in the right circumstances, it can apply. Courts take it seriously when government agents cross the line from investigation into coercion. Knowing how the law interprets this defense helps you understand your rights and how they apply in drug-related cases.