Legal Definitions - predisposition

Predisposition, in a legal context, refers to a person's existing inclination, tendency, or readiness to engage in a particular unlawful activity, even before any external encouragement or inducement. This concept is most frequently and significantly applied in criminal law, particularly when a defendant raises the defense of entrapment.

When a defendant claims entrapment, they are arguing that law enforcement agents induced them to commit a crime they otherwise would not have committed. However, if the prosecution can demonstrate that the defendant had a predisposition to commit that type of crime, the entrapment defense will likely fail. This is because the law views predisposition as evidence that the defendant was not an innocent person lured into crime, but rather someone who was already willing to break the law and was merely provided an opportunity to do so.

Here are some examples illustrating the concept of predisposition:

• Illegal Drug Sales: An undercover police officer approaches an individual known to have a history of drug-related arrests and who has previously expressed a desire to sell illegal substances. The officer offers to buy a significant quantity of drugs. The individual readily agrees, arranges the transaction details, and demonstrates a clear understanding of drug distribution networks without hesitation or reluctance. In this scenario, the individual's past actions and immediate, knowledgeable willingness to engage in the sale would strongly suggest a predisposition to drug dealing, making an entrapment defense difficult to prove.

• Financial Fraud: A government informant, posing as a potential business partner, suggests a complex scheme to defraud investors by misrepresenting a company's assets. The defendant, an accountant, immediately outlines how such a scheme could be executed, referencing similar "creative accounting" ideas they had previously considered, and enthusiastically takes steps to implement the plan. The accountant's quick grasp of the fraudulent process, their prior contemplation of similar unethical acts, and their eager participation would indicate a predisposition to commit financial fraud, undermining any claim that they were an innocent party coerced into the crime.

• Illegal Arms Dealing: An undercover agent contacts an individual who has a documented history of posting online about their interest in acquiring and selling restricted firearms, and who has made inquiries about obtaining illegal weapons. The agent offers to facilitate a sale of prohibited weapons. The individual readily agrees, discusses specific types of illegal firearms, and negotiates prices and delivery methods without showing any reluctance or moral objection. The individual's prior online activity and their quick, knowledgeable engagement in the illegal arms transaction would demonstrate a predisposition to participate in such activities, making it challenging for them to successfully argue entrapment.