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Does California recognize Entrapment

Updated: 8/16/2019
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16y ago

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California doesn't recognize the federal statute of entrapment. California does have it's own form of entrapment.

Other states, including some of the largest, such as California, Texas, and Michigan, use the so-called objective test. These jurisdictions reject the position of the subjective test proponents as to the legislative intent. Instead, the theory here is that the entrapment defense was created in order to impose responsible limitations on the actions of government agents in investigating and prosecuting criminal behavior. With this test, the courts scrutinize the level of government involvement in the criminal actions to determine if the officers acted in such a way that they would, in a usual case, affirmatively create crime where none would have existed without their actions. The individual state of mind of the defendant is not material in these states, hence the term objective is used.

http://law.jrank.org/pages/1091/Entrapment-two-approaches-entrapment.html

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