What constitutes entrapment?

Entrapment occurs when law enforcement officers induce or encourage an individual to commit a crime that they would not have otherwise committed, essentially leading them into illegal action. This definition captures the essence of entrapment, distinguishing it from other forms of law enforcement activity.

When officers actively persuade or pressure someone to engage in criminal conduct, it raises legal issues regarding the fairness of the situation and whether the defendant truly formed the intent to commit the crime independently. In cases of entrapment, the focus is on the behavior of law enforcement rather than the defendant's prior criminal history or intent.

The other situations mentioned do not fit the legal definition of entrapment. The use of force by law enforcement often relates to the use of physical coercion or simply the execution of an arrest, while first-time offenders being caught does not involve the encouragement of illegal activity but rather the enforcement of the law. Lastly, illegal surveillance by the police pertains to issues of privacy and lawful procedure rather than the inducement to commit a crime.