There are two approaches used to determine whether entrapment has occurred:

There are two approaches used to determine whether entrapment has occurred:

• A. The primary and secondary approaches
• B. The objective and the subjective approaches
• C. The before and after-the-fact approaches
• D. Whether entrapment has occurred cannot be determined

Answer: (B)

Entrapment is decided by looking at how the crime came about under two lenses: an objective approach and a subjective approach. The objective view focuses on the conduct of law enforcement and asks whether the actions used to induce the crime would have enticed a typical, law-abiding person to commit it. If the officers’ methods are so coercive or persuasive that they create the opportunity for an honest person to break the law, entrapment can be found under this standard. The subjective view turns the spotlight on the defendant’s mindset. It asks whether the person was predisposed to commit the crime before law enforcement involvement began. If the defendant was already inclined to commit the offense, the defense may fail—even if the government’s tactics were aggressive—because predisposition mattered. The other options don’t describe how entrapment is analyzed, and claiming that entrapment cannot be determined contradicts how courts evaluate these defenses.

Entrapment is decided by looking at how the crime came about under two lenses: an objective approach and a subjective approach. The objective view focuses on the conduct of law enforcement and asks whether the actions used to induce the crime would have enticed a typical, law-abiding person to commit it. If the officers’ methods are so coercive or persuasive that they create the opportunity for an honest person to break the law, entrapment can be found under this standard.

The subjective view turns the spotlight on the defendant’s mindset. It asks whether the person was predisposed to commit the crime before law enforcement involvement began. If the defendant was already inclined to commit the offense, the defense may fail—even if the government’s tactics were aggressive—because predisposition mattered.

The other options don’t describe how entrapment is analyzed, and claiming that entrapment cannot be determined contradicts how courts evaluate these defenses.