Instigation vs. Entrapment — What's the Difference?

Catalyst for events.

Basis for challenging prosecution.

Influence to act.

Legal defense strategy.

Encouraging specific behavior.

Ethical concern in policing.

Motivation behind actions.

A factor in dismissing charges.

Act of provoking action.

Inducement by law enforcement.

To initiate or bring about, often by inciting

Entrapment is a practice in which a law enforcement agent or agent of the state induces a person to commit a "crime" that the person would have otherwise been unlikely or unwilling to commit. It "is the conception and planning of an offense by an officer or agent, and the procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion or fraud of the officer or state agent".Police conduct rising to the level of entrapment is broadly discouraged and thus, in many jurisdictions, is available as a defense against criminal liability.

To urge on; goad

To catch in or as if in a trap.

The act of instigating, or the state of being instigated; incitement; especially to evil or wickedness.

To lure into danger, difficulty, or a compromising situation.

The act of instigating, or the state of being instigated; incitement; esp. to evil or wickedness.

(Law) To induce (someone) into performing an otherwise uncontemplated criminal act for the sole purpose of providing the basis for a prosecution.

The verbal act of urging on

The state of being entrapped.

Deliberate and intentional triggering (of trouble or discord)

(legal) Action by law enforcement personnel to lead an otherwise innocent person to commit a crime, in order to arrest and prosecute that person for the crime.

(chemistry) A method of isolating specific cells or molecules from a mixture, especially by immobilization on a gel.

A defense that claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials

Entrapment is a legal concept where an individual is induced by law enforcement to commit a crime they would not normally commit, whereas instigation is a broader term for encouraging someone to act, not limited to legal contexts.

To use entrapment as a defense, the defendant must show that law enforcement induced the crime and that they were not predisposed to commit such a crime without the law enforcement’s persuasion.

Yes, if instigation involves urging someone to commit illegal acts, it can have legal consequences for the instigator.

Entrapment is often viewed as unethical because it involves law enforcement inducing someone to commit a crime, potentially violating their rights.

Instigation can play a pivotal role in social movements, serving as a catalyst for change by motivating individuals or groups to take action.

Instigation is the act of encouraging or provoking someone to take a specific action, often aiming to achieve a particular outcome.

Intent is crucial in both; in instigation, it refers to the purpose behind encouraging an action, while in entrapment, it involves the intention of law enforcement to induce criminal behavior.

Yes, legal systems in many jurisdictions offer protections against entrapment, recognizing it as a valid defense that can lead to the dismissal of charges.

Yes, instigation can be positive, such as when it encourages beneficial actions or social change.

Entrapment is determined based on evidence showing that law enforcement induced the criminal action and the defendant's lack of predisposition to commit the crime independently.