The Entrapment Defense in Illinois

 Posted on December 00, 0000 in Criminal Defense

The idea of entrapment in criminal law is a valuable check on police power, but its common use in the media and fiction has led to a variety of misconceptions about what is and is not entrapment. Illinois law recognizes the idea of entrapment, and defines it as a public official's inciting the defendant to commit a crime that they were not otherwise predisposed to commit. In plain language, entrapment happens when a police officer convinces a person to commit a crime that they would not have otherwise committed.

From a legal standpoint, entrapment is an "affirmative defense." Affirmative defenses are legal defenses to a crime that acknowledge that the defendant committed the criminal act, but that they should not be punished because of other circumstances, in this case the police officer's involvement. Importantly, affirmative defenses are not the same thing as civil claims, which means that a defendant cannot bring a separate suit against the officer for the entrapment. It merely protects the defendant from criminal punishment. It is also important to understand that this defense only applies to public officers. If a private citizen convinced the defendant to commit the crime, then that is not entrapment. Although if the private party used force to convince the defendant, then other affirmative defenses may be available.

What Qualifies as Entrapment

Exactly what qualifies as entrapment will vary based on the specifics of the case because the idea of being predisposed to commit the crime is difficult to define clearly. Take the example of an undercover officer selling drugs on the street corner. Suppose the officer walks up to a person who is walking along, minding their own business. The officer offers to sell them drugs, and they refuse. The officer keeps walking with them, hassling them until they relent and buy the drugs. That is likely a strong case for a person who was not predisposed to commit the crime. Conversely, if the officer is merely standing on the street corner and the person walks up and asks if they are selling drugs, that person looks more predisposed to commit the crime without the officer's involvement.

Common Instances of Entrapment

Entrapment is a defense that is most commonly raised during crimes involving multiple people. Often crimes involving the sale of drugs or the solicitation of a prostitute can give rise to the defense of entrapment. This is especially true when the police officer is posing as the drug dealer or the prostitute who is advertising the service, rather than as the person buying the drugs or soliciting the sex.

Criminal charges are a serious issue that can have devastating effects on a person's life. If you believe your charges were the result of police entrapment, contact a Kane County criminal defense attorney today to learn more about your rights.