Which entrapment approach focuses on the defendant's predisposition toward crime?

Which entrapment approach focuses on the defendant's predisposition toward crime?

• A. Primary
• B. Secondary
• C. Objective
• D. Subjective

Answer: (D)

Predisposition to commit a crime is the central factor in the subjective entrapment standard. This approach asks whether the defendant was inclined to commit the offense before any government agents suggested or pressured them. If the defendant was already predisposed, the government’s actions don’t make it entrapment, and the defense is unlikely to succeed. If there was no predisposition, then inducement by law enforcement could amount to entrapment under this standard. In contrast, the objective approach looks at the government’s conduct itself and asks whether the methods used would have induced a normally law-abiding person to commit the crime, regardless of the defendant’s actual predisposition. That’s why the subjective focus on the defendant’s mindset is the best answer to this question.

Predisposition to commit a crime is the central factor in the subjective entrapment standard. This approach asks whether the defendant was inclined to commit the offense before any government agents suggested or pressured them. If the defendant was already predisposed, the government’s actions don’t make it entrapment, and the defense is unlikely to succeed. If there was no predisposition, then inducement by law enforcement could amount to entrapment under this standard.

In contrast, the objective approach looks at the government’s conduct itself and asks whether the methods used would have induced a normally law-abiding person to commit the crime, regardless of the defendant’s actual predisposition. That’s why the subjective focus on the defendant’s mindset is the best answer to this question.