What is the defense of entrapment in the context of the use of minor decoys?

California, United States of America


The following excerpt is from People v. Superior Court (Orecchia), 134 Cal.Rptr. 361, 65 Cal.App.3d 842 (Cal. App. 1976):

Defendants' attempt to analogize the policy rationale of entrapment with the use of minor decoys is without merit. In the case of entrapment the crux of the theory is that the criminal intent or design originated in the mind of the entrapping officer (People v. Benford, supra at p. 10, 345 P.2d 928). In short, the defense of entrapment, when successful, is a [65 Cal.App.3d 847] proclamation by the trier of fact that the accused is truly not guilty.

Page 364

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