Question

Law enforcement officials implant the disposition to commit an offense in the mind of an innocent individual. They then induce its commission so that they can later prosecute the individual for the alleged offense. Which would be the likely form of affirmative defense for such a defendant?

Option 1: Duress
Option 2: Entrapment
Option 3: Necessity
Option 4: Mistake of fact

Answer 1

The affirmative defense most applicable when law enforcement officials induce an innocent individual to commit a crime they would not have otherwise been predisposed to commit is Entrapment. This defense requires showing that the idea for the crime originated from the police, as opposed to duress, necessity, or mistake of fact.

Step-by-step explanation:

The likely form of affirmative defense for a defendant in a scenario where law enforcement officials have induced the commission of a crime would be Entrapment. Entrapment occurs when police officers or other government agents persuade an individual to commit a crime that the person would not have otherwise been predisposed to commit. To argue entrapment, the defense must demonstrate that the idea for committing the crime originated with the police, and the defendant was not predisposed to commit such a crime before the law enforcement officials’ persuasion.

Entrapment is distinct from other forms of defense like duress, necessity, or mistake of fact. For example, duress involves the defendant being forced to commit a crime due to immediate threats of harm, while necessity applies when a person is compelled to break the law to prevent a greater harm. A mistake of fact refers to a genuine and reasonable misunderstanding of a situation that leads an individual to commit a crime, believing they are acting lawfully.