Entrapment and the entrapment defense: Dilemmas for a democratic society

Entrapment is defined and distinguished from related law enforcement practices. The subjective test of entrapment formulated by the Supreme Court and the objective test proposed by critics are discussed and evaluated. The argument is advanced that entrapment is a morally unjustifiable practice which is inconsistent with the rights of citizens in a democratic society. Guidelines are proposed for governing police conduct in potential entrapment situations and suggestions made regarding ways these guidelines might be implemented.The authors wish to thank the following individuals for helpful comments on an earlier draft of this paper: Joseph A. Canale; Edward W. Chandler; Gary T. Marx; and Eugene L. Shapiro.