California, United States of America
The following excerpt is from Foss, In re, 10 Cal.3d 910, 112 Cal.Rptr. 649, 519 P.2d 1073 (Cal. 1974):
As pointed out above, entrapment is recognized as a defense to criminal charges in order to discourage illegal police conduct. (People v. Moran, Supra, 1 Cal.3d 755, 760--761, 83 Cal.Rptr. 411, 463 P.2d 763.) The successful assertion of the defense does not establish that the defendant lacked the requisite criminal intent and was thus innocent of a criminal offense, but merely that he should not be punished for the crime he in fact committed because of improper police conduct. (People v. Benford, Supra, 53 Cal.2d 1, 9, 345 P.2d 928.) The burden thus remains upon the prosecution to prove beyond a reasonable doubt all of the elements of the charged offense, including intent.
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