If the police have gone too far in pushing these cases, for instance, after the initial contact, the defendant was not interested, or perhaps interested only in hooking up with an adult, but the idea of sex with a kid is continually pushed by law enforcement, there is an excellent chance that law enforcement has gone too far and that the defendant has been entrapped. That's the idea they don't show. If the police have induced someone to do something they wouldn't otherwise do, that's one form of entrapment.


I understand there are 2 kinds of entrapment. There is an objective kind, which is the really bad kind that the police are involved with, like they've actually done some type of misconduct or overkill in setting up to sting. Is that right?


That's correct. Overkill is a good way to phrase it.


There is also a subjective kind, which is just fact intensive based upon the person who has been accused and perhaps they didn't intend to do it at all and they were just pushed, but it's not necessarily that the police did anything illegal or overstep their bounds. But the police did just enough where a person normally wouldn't commit such a crime. They overcome with either passion or with the inducement.


The way you explain that is perfectly. One has nothing to do with the mindset of the defendant. It's just about what the police did the other one; it's about the person's mindset being broken down by what the police were acting.


Now, does a judge or a jury rule on the issue of entrapment?


First, objective or overkill as you stated that judge would make the determination on that. That's a judge question.


How would you get that in front of the judge, is that something your client does, or is that something you as the criminal defense lawyer?


As a criminal defense lawyer that deals with sex crimes, we would file a motion to dismiss for objective entrapment, or violation of the client's due process rights. Then we would set up for hearing and then we would make our argument to the judge. And the judge would make the determination about whether they agree to the police overstepped.

Continue to Part 13 >>

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