Maybe we should just call it the yuck! defense.
In fact, it is called entrapment. And it comes in a couple of importantly different varieties: There is the legal defense of entrapment, which defendants hate because it is so hard to prove. And then there is what a smart defense-lawyer friend of mine calls the “entrapment adjacent” defense, and what I’ve sometimes referred to as “equitable entrapment.” Prosecutors hate that one because it effectively puts the government investigators on trial, which can make for an ugly case if they’ve been too heavy-handed — more interested in incriminating people who are presumed innocent than investigating suspects who are actually guilty.
Comments