Wisconsin Entrapment Defense

 

First, the defendant must show that he was induced to commit the crime by the government. In one Wisconsin case involving entrapment and drug sales, the police used an informant. They had a woman who was on probation for a drug violation acting as an undercover agent. At trial, it came out that the woman informant was given spending money and her charge of drunk driving was reduced to a lesser charge and the Sheriff's department paid her forfeiture. The defendant in the case claimed he was induced by the government to commit the crime of drug sales to the informant because he previously told the informant that he did not know where she could get some pot, then the informant told him that she and her friend just got back from visiting her friend's aunt at the hospital who had cancer and that they went to spend the last few hours with her and the really needed some pot. After the statement about visting sick persons in the hospital, the defendant thought they seemed really sad and told the informant that he had some marijuana of his own, and would want what he paid for it (he never sold before). 

 

Second, if there is a showing that the defendant was predisposed to commit the crime, the defense will fail.