What is the entrapment defense?

California, United States of America


The following excerpt is from People v. Cox, F067171 (Cal. App. 2015):

"'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. [Citation.]" (People v. Strohl (1976) 57 Cal.App.3d 347, 367.)

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A trial court is "required to instruct the ... jury on the defense of entrapment if, but only if, substantial evidence supported the defense." (People v. Watson, supra, at pp. 222-223.)

Application of the entrapment defense depends upon whether "the intent to commit the crime originated in the mind of defendant or in the mind of the entrapping officer." (People v. Benford (1959) 53 Cal.2d 1, 10.)

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