If the Confidential Informant Was the Person Who Initiated a Crime Would That Be Considered a Form of Entrapment?
It is difficult for a defendant to beat a drug charge based on entrapment.
It is not enough to show that the informant initiated the transaction.
To succeed on an entrapment defense a defendant must show that the “criminal
design originated in the mind of law enforcement officials, or any person
acting under their direction, and the defendant was lured or induced to
commit a crime that the defendant had not otherwise intended to commit.”
Additionally, under Washington state law, a defendant has the burden of
proving this defense. In other words, the state’s attorney doesn’t
have to prove the lack of entrapment beyond a reasonable doubt. Additionally,
if a defendant claims entrapment, the jurors are told that “the
use of a reasonable amount of persuasion [by the informant] to overcome
reluctance does not constitute entrapment.” The question of entrapment
is something that I am often asked about. A lot of people believe that
if the informant or undercover cop suggests something, that automatically
amounts to entrapment. This is not correct. This is also a subject that
comes up in prostitution cases. Many men accused of patronizing a prostitute
believe that there are special ways things need to be worded a certain way.
Learn more about informants.