THE GENERAL RULE ON THIS DEFENSE, ITS DEVELOPMENT, BASIS, AND IMPLEMENTATION BY THE COURTS, AND ITS APPLICATION TO POLICE OFFICERS, INFORMANTS, AND THIRD PERSONS.
THE ENTRAPMENT DEFENSE IS USED WHEN AN ACCUSED PERSON ALLEGES THAT HE NEVER WOULD HAVE COMMITTED A CRIME IF A LAW ENFORCEMENT OFFICER HAD NOT INSPIRED, INCITED, PERSUADED AND LURED HIM. THE VARIOUS POLICY REASONS UNDERLYING THE DEVELOPMENT OF THE DEFENSE ARE DISCUSSED. TWO APPROACHES FOR IMPLEMENTING THE DEFENSE HAVE BEEN SUGGESTED BY THE COURTS. THE MAJORITY APPROACH WOULD HAVE THE COURT DECIDE WITHOUT A JURY IN A CLEAR CASE AND ALLOW THE JURY TO DECIDE IF THE ACCUSED HAD BEEN ENTRAPPED WHEN THE FACTS ARE IN DISPUTE. THE MINORITY VIEW WOULD ALWAYS HAVE THE ISSUE DECIDED BY THE COURT, NEVER THE JURY. SEE NCJ-09407 FOR PART 2 OF THIS ARTICLE.