What is considered entrapment under Georgia criminal defense law?
Entrapment serves as an affirmative defense in Georgia when law enforcement induces individuals to commit crimes they would not otherwise have committed. This defense recognizes that while police may provide opportunities for predisposed individuals to commit crimes, they cannot create criminals by overcoming innocent persons’ reluctance through persistent pressure, deception, or exploitation of vulnerabilities.
Georgia follows the subjective test for entrapment, focusing on whether defendants were predisposed to commit the offenses before government involvement. Predisposition examines defendants’ ready willingness to commit crimes when presented with opportunities. Factors indicating predisposition include prior similar conduct, ready acceptance of criminal proposals, expertise in criminal activities, and profit-seeking behavior.
Establishing entrapment requires showing both government inducement and lack of predisposition. Inducement goes beyond merely providing opportunities or using undercover officers. It involves persuasion, pressure, appeals to sympathy, promises of excessive profits, or exploitation of friendship. Defense attorneys document repeated solicitations, government initiated contact, and techniques designed to overcome reluctance.
The burden of proof for entrapment shifts between parties during trial. Defendants must initially present evidence of government inducement. Once established, prosecutors must prove predisposition beyond a reasonable doubt. This burden shifting often benefits defendants, particularly when government agents used aggressive tactics or targeted individuals without prior criminal involvement.
Successfully asserting entrapment requires careful case development and strategic presentation. Defense attorneys obtain all records of government investigation, including authorization documents, surveillance records, and agent communications. They present evidence of clients’ law-abiding character before government contact, reluctance to participate, and government persistence. Expert testimony may explain how certain investigative techniques can induce criminal behavior in otherwise innocent individuals. When entrapment is established, it results in complete acquittal rather than merely reduced charges.