Entrapment is a legal doctrine which determines whether a person’s behavior is due to the law enforcement’s coercive pressure or to the person’s own criminal intent. When a law enforcement agent induces or encourages a person to commit a crime when there would have been no criminal intent otherwise, the agent is said to be engaging in entrapment. Entrapment is a controversial and important legal topic that businesses must be aware of, as just one incident of entrapment could lead to a costly lawsuit.
Examples of Entrapment
To illustrate what constitutes entrapment, consider the following two examples.
- A law enforcement officer poses as a customer and persuades a pharmacist to sell illegal drugs. This is entrapment, because the pharmacist would not have done it without the officer’s encouragement.
- A law enforcement officer catches an individual buying illegal drugs from a dealer and makes threats of jail time in exchange for information on other drug dealers. This is entrapment because the individual would not have otherwise revealed such information without feeling pressured to do so.
How Can Businesses Avoid Entrapment?
Businesses should take extra care to not engage in activities that could be considered entrapment. They should strictly follow all laws and regulations, train employees on relevant laws and regulations, and create an environment in which any attempt to commit entrapment would be swiftly stamped out. Companies should also review their policies regularly and implement more rigorous standards if needed.
Entrapment can be costly for businesses. They can be held responsible for any losses incurred due to entrapment, including those related to criminal defense costs, civil damages, and more. It is therefore important for businesses to be aware of entrapment and how to avoid it.