Legal Definitions - sentencing entrapment

Sentencing entrapment is a legal argument made during the sentencing phase of a criminal case. It occurs when government agents, such as police officers or informants, induce a defendant to commit a more serious crime than they were predisposed to commit, specifically to trigger a harsher sentence.

Unlike traditional entrapment, which argues that the defendant would not have committed any crime without government inducement, sentencing entrapment acknowledges that the defendant was already willing to commit some criminal act. However, it asserts that the government agents went beyond merely facilitating the crime and actively manipulated the defendant into escalating the offense to a higher level, resulting in significantly increased penalties.

The core idea is that the defendant's predisposition was for a lesser crime, and the government's actions unfairly pushed them into a more severe one, often by increasing the quantity of drugs, the type of weapon involved, or the scope of the criminal enterprise.

• Example 1: Drug Quantity Manipulation

  A small-time drug dealer, known for selling only a few grams of marijuana at a time, is approached by an undercover police officer. The officer repeatedly pressures the dealer, over several weeks, to facilitate a large-scale transaction involving multiple kilograms of cocaine, offering a substantial profit. The dealer initially expresses discomfort with such a large deal and states they only handle small amounts, but eventually succumbs to the officer's persistent encouragement and financial incentives. If convicted, the dealer's defense might argue sentencing entrapment, claiming they were predisposed to sell small quantities of drugs, but the government agent induced them into a much larger, mandatory-minimum-triggering deal, thereby unfairly increasing their potential sentence.

• Example 2: Weapon Enhancement

  An individual plans to commit a non-violent property crime, such as breaking into an unoccupied warehouse to steal electronics. An informant, working with law enforcement, becomes aware of the plan and repeatedly suggests that the individual bring a firearm "for protection" or "to look more serious," even offering to provide a gun. The individual initially resists, stating they don't want to use or carry a weapon, but eventually agrees to take the firearm offered by the informant. If caught and charged with armed burglary, the defense could argue sentencing entrapment, asserting that while the individual was predisposed to commit burglary, the government agent's actions induced them to carry a weapon, transforming the offense into a more serious crime with a significantly higher sentence.