How does Pennsylvania law define "entrapment"?

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Pennsylvania law defines "entrapment" as an affirmative defense that arises when law enforcement actions induce an individual to commit a criminal act that they would not have committed otherwise. This defense asserts that the government's involvement in the commission of the crime was so significant that it effectively caused the defendant to act, despite their usual behavior or intentions.

In order to successfully argue entrapment, the defendant must demonstrate that the law enforcement officers provided the motivation or opportunity to engage in the criminal act, which they were not predisposed to commit. This concept is rooted in the idea that it is unjust to punish someone for a crime that they would not have committed were it not for the coercive actions or persuasive tactics employed by law enforcement.

Understanding entrapment as an affirmative defense underscores the legal principle that while society must be protected from crime, individuals should not be entrapped into criminal behavior by the very authorities tasked with enforcing the law. This defense is distinct from legal strategies that address sentencing severity or issues related to duress, as it focuses specifically on the interaction between the accused and law enforcement.

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