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Tilted Cat Head
Administrator
Location: Manhattan, NY
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They try to use it as a defense and it usually fails. It is up to the judge to determine if there was entrapment. Usually the judge tends to side with the police in NY.
In CA the standards are different where there are laws on the books that prohibit or define certain kinds of situations that constitute entrapment.
Quote:
Official conduct that constitutes entrapment under California law-
* pressure (examples include appealing to your sense of friendship/compassion or offering an enormous amount of compensation for committing the crime)
* harassment or threats (repeated and unwavering solicitation of the activity)
* fraud (promises that the suggested conduct is legal)
Example:
Your younger brother, a high school student, begins asking you for marijuana so that he can sell it to a new friend (who, unbeknownst to either of you is a "narc"). You are not a marijuana user or dealer, nor do you use or sell any other drugs. You tell him no.
Your brother persists in asking you for marijuana, as the undercover officer continues pressuring him to get some. Finally, out of sympathy for your brother (who is having difficulty making friends at school), you agree to try to get some and are ultimately able to do so.
When charged with California Health and Safety Code 11359 possessing marijuana for sale, you are justified in raising California entrapment as a defense.13 Even though your brother was unaware that he was working as an agent for the police, the conduct of both the officer and your troubled brother were such that you committed a crime you had no intention of otherwise committing, motivated solely by sympathy.
California criminal defense lawyers explain "entrapment" laws
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