What are the elements of the entrapment defense in Mississippi?

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:

  1. government inducement of the crime; and
  2. 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:

The defendant in this case has raised the affirmative defense of “entrapment.” The term “entrapment” is defined as the act of inducing or leading a person to commit a crime not originally contemplated by him for the purpose of trapping him for the offense. In other words, where a person has no previous intent or purpose to violate the law, but is induced or persuaded by law enforcement or their agents to commit a crime, that person is a victim of entrapment and the law forbids that person’s conviction in the case.
Conversely, if a person already has the readiness and willingness to violate the law, the mere fact that law enforcement or their agents provide what appears to be a favorable opportunity to commit the crime is not entrapment.
You are instructed that the defendant must prove he was entrapped by law enforcement. Accordingly, if you find from the credible evidence in this case that the defendant was induced by law enforcement to commit [insert charged offense], and you find that this offense was not originally contemplated by the defendant then you should find for the defendant and your verdict will be “We, the Jury, find the Defendant Not Guilty.”
If however you find from the credible evidence that the defendant was not induced by law enforcement to commit [offense charged], or you find that the offense was contemplated by the defendant and law enforcement or their agents merely provided an opportunity then you may not find the defendant “not guilty” based upon the affirmative defense of entrapment.
Miss. Prac. Model Jury Instr. Criminal § 2:5. 
One last thing to know about entrapment.  Until 1993, you were required to admit the underlying offense first – that is, before you could assert that law enforcement made you do it, you had to admit you did it.  That is no longer the case.  It is now possible to state that you didn’t do it, but if you did then law enforcement made you do it.  Difficult to do in a case – yes, but not impossible.
If you believe you have been entrapped by law enforcement give me a call.  It is a difficult defense, but if the facts justify pursuing it I will be glad to help you.