Entrapment in Alabama refers to a legal defense where a defendant claims they were induced by law enforcement to commit a crime they otherwise would not have committed. It is a defense designed to prevent government agents from manufacturing crime rather than merely investigating existing criminal activity.
Understanding Entrapment in Alabama
In Alabama, the defense of entrapment is specifically defined by statute. It asserts that an individual should not be held liable for a criminal offense if their actions were the result of improper inducement by an agent of the state.
Key Elements of Entrapment
For an entrapment defense to be successful in Alabama, two primary elements must typically be demonstrated:
- Government Inducement: This occurs when a law enforcement officer, or someone acting under their direct control, incites, induces, lures, or instigates a person into committing a criminal offense. This goes beyond merely providing an opportunity for a crime to occur.
- Lack of Predisposition: Crucially, the individual must prove that they would not have otherwise committed the criminal offense and had no prior intention or predisposition to commit it before the government's involvement. This element focuses on the defendant's state of mind and character.
Essentially, entrapment occurs when law enforcement creates the crime and then persuades an otherwise innocent person to commit it.
Entrapment vs. Lawful Opportunity
It's vital to distinguish between genuine entrapment and law enforcement merely providing an opportunity for an individual to commit a crime.
| Feature | Entrapment (Invalid Inducement) | Lawful Opportunity (Valid Police Conduct) |
|---|---|---|
| Police Role | Incites, induces, lures, or instigates the crime. | Provides the chance for a predisposed person to commit a crime. |
| Defendant's Intent | No prior intention or predisposition to commit crime. | Already had the intent and readiness to commit the crime. |
| Outcome | Defense may nullify criminal liability. | Does not serve as a defense; the defendant is responsible for the crime. |
| Examples | Coercion, aggressive persuasion, appeals to sympathy. | Undercover officer posing as a buyer, setting up a sting operation. |
Raising an Entrapment Defense
Entrapment is an affirmative defense, meaning the defendant must introduce evidence to support their claim. This typically happens during a criminal trial.
Burden of Proof
- Initially, the defendant bears the burden of presenting credible evidence that they were entrapped. This evidence must be sufficient to raise a reasonable doubt about their predisposition to commit the crime.
- Once the defense has introduced enough evidence to support the claim of entrapment, the prosecution then bears the burden of proving, beyond a reasonable doubt, that the defendant was not entrapped. This means the state must demonstrate that the defendant was predisposed to commit the crime, regardless of the law enforcement's actions, or that law enforcement merely provided an opportunity.
What Entrapment Is Not
The entrapment defense does not apply if law enforcement merely creates the circumstances or provides the means for a predisposed individual to commit a crime. Law enforcement is permitted to investigate criminal activity and use various tactics, including undercover operations, to catch those who are already inclined to break the law.
For example:
- An undercover officer offering to buy drugs from someone known to deal drugs is generally not entrapment if the individual readily agrees.
- Providing a setting for a planned illicit transaction (e.g., a sting operation) does not constitute entrapment if the participants were already willing to engage in the illegal activity.
Practical Scenarios
Understanding the nuances of entrapment is crucial for individuals facing criminal charges. Here are some hypothetical scenarios to illustrate:
- Potential Entrapment: An individual with no history of drug offenses is repeatedly contacted and aggressively pressured by an undercover officer, who feigns a desperate need for drugs and offers an unusually large sum, until the individual reluctantly agrees to procure drugs.
- Not Entrapment: An individual posts online about wanting to sell illegal firearms. An undercover officer responds to the post and arranges a purchase. This is likely seen as the officer providing an opportunity to a predisposed seller.
- Grey Area: An officer encourages a person to commit a minor offense and then uses that as leverage to pressure them into a more serious crime. The specifics of the coercion and the person's prior intent would be critical to evaluating an entrapment claim.
For more detailed information, individuals can refer to Section 13A-3-31 of the Alabama Criminal Code.
