نوع مقاله : پژوهشی
نویسندگان
1 کارشناس ارشد حقوق جزا و جرم شناسی از دانشگاه علامه طباطبایی
2 دانشیار دانشکده حقوق وعلوم سیاسی دانشگاه علامه طباطبایی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In criminal law, entrapment is a practice whereby a law enforcement agent induces a person to commit a criminal offense that the person would have otherwise been unlikely to commit. It is a type of conduct that is generally frowned upon, and thus in many jurisdictions is a possible defense against criminal liability. Depending on the law in the jurisdiction, the prosecution may be required to prove beyond a reasonable doubt that the defendant was not entrapped or the defendant may be required to prove that they were entrapped as an affirmative defense. The entrapment defense in the United States has evolved mainly through case law. Two competing tests exist for determining whether entrapment has taken place, known as the "subjective" and "objective" tests. The "subjective" test looks at the defendant's state of mind; entrapment can be claimed if the defendant had no "predisposition" to commit the crime. The "objective" test looks instead at the government's conduct; entrapment occurs when the actions of government officers would usually have caused a normally law-abiding person to commit a crime.
کلیدواژهها [English]
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