5.2.4 The Subjective Test: Inducement

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

5.2.4 The Subjective Test: Inducement

Courts differ as to how much evidence of inducement need be shown. Some degree of active encouragement, however, must be demonstrated. When the government merely offers the defendant an opportunity to commit a crime and the defendant pursues that opportunity without pause, this is insufficient evidence of inducement. The usual situation arises when undercover officers offer to buy drugs or stolen goods from the defendant at the "reasonable market price." If the defendant does not hesitate and immediately makes the sale, the entrapment defense will fail.

The defendant must first produce enough evidence to show inducement by the government. A "mere solicitation" or request by the government to participate in a criminal activity, without more, is not inducement. Likewise, merely opening an opportunity for a crime is insufficient. Rather, the defendant must show that law enforcement engaged in conduct that takes the form of '"persuasion, fraudulent representation, threats, coercive tactics, harassment, promises of

...