In: Economics
What are the two major approaches to the entrapment defense? Which one do you think is best? Be sure to explain your position.
Answer
The two major approaches to the entrapment defense are subjective test of entrapment and objective test of entrapment. The subjective test of entrapment takes a look at whether there was something that happened before for the defendant to commit the crime. In this test the defendant has the burden of proof toprove that the government pressured the defendant in committing a crime they would not have committed if he was not pressured to do so. The objective test of entrapment is what is called a minority approach. This approach focuses on the actions of the government. It focuses on the actions that the government took to induce or raise the factor that the individual would commit the crime. In my opinion the objective test of entrapment is the better approach because it focuses on what the odd would be of a citizen who is law abiding to commit a crime because of the actions that the government are taking.