How is entrapment by informants evaluated in Georgia criminal defense trials?

How is entrapment by informants evaluated in Georgia criminal defense trials?

It’s evaluated the same way as if a police officer did it, if the informant was acting as a government agent. O.C.G.A. § 16-3-25 covers conduct “induced or solicited by a government officer or employee, or agent of either.” So the first question is whether the informant was an agent at the time.

Agency evidence.

  • A written agreement or a deal for pending charges;
  • Payment or instructions from police;
  • Recorded calls set up by officers;
  • Officer presence during the buy.

A private friend acting alone doesn’t trigger entrapment.

Georgia’s three elements. Georgia courts ask whether:

  1. The idea originated with the government;
  2. The person was induced by undue persuasion, incitement, or deceit;
  3. The person wasn’t already predisposed to commit it.

Once there’s some evidence, the state has to disprove the defense beyond a reasonable doubt.

What matters most in informant cases.

Issue Tool
Identity of the informant Motion to disclose; Roviaro v. United States (1957)
Deal or leniency Brady; Giglio
Prior use by police Discovery
Recordings Whether all contacts were recorded
Repeated contact Shows pressure

Admission. McClure v. State (2019) overruled the older rule that a defendant had to admit the act to get an instruction on an affirmative defense. A defendant can accept facts for the sake of argument, though there still has to be evidence of the defense, and a defendant who testifies faces cross-examination.

Sherman v. United States (1958), in the federal setting, involved an informant’s repeated appeals, and it’s a useful comparison. Georgia follows a similar focus on inducement.

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

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