Entrapment occurs when law enforcement induces or encourages you to commit a crime that you would not normally have been “predisposed” to commit. In other words, they unethically “lead” you to do it. Mississippi recognizes entrapment as a complete defense to a crime, if certain conditions are met.
Entrapment has two elements:
- government inducement of the crime; and
- a lack of predisposition on the part of the defendant to engage in criminal conduct.
Entrapment is an affirmative defense, which means that even if the state proves everything about its case, the Defense still wins! If we can make out a case that you were entrapped, first, the burden shifts to the prosecution to disprove it. Second, you are entitled to have the jury instructed on the law on entrapment. The jury will be given something like this to consider while they are deliberating on your case: