EXPLAINER: Jury mulls entrapment in Whitmer kidnap plot case

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Jurors deliberating at the trial of four men charged with plotting to kidnap Michigan Gov. Gretchen Whitmer must answer a key question about whether the FBI engaged in entrapment

Here's a look at entrapment and how it has been addressedU.S. District Judge Robert Jonker explained to jurors that agents merely suggesting a kidnapping plot to the defendants wouldn't constitute entrapment. Using deception and having agents pretend to be someone they're not also isn't entrapment.

It's a relatively new concept in U.S. law. According to a 2014 decision by Chicago’s 7th U.S. Circuit Court of Appeals, a judge in 1864 mocked the idea that anyone could be entrapped by law enforcement, quoting Eve in the Bible explaining why she ate from the tree of knowledge: “The serpent beguiled me and I did eat.”

To succeed with an entrapment claim, the defense must convince jurors that — given the right amount of deceit and pressure — they, too, might acquiesce to committing a major felony. That’s a hard sell. He said he realized waiting was untenable since the defense had structured their whole strategy around entrapment. He told them they could be upfront with jurors about it.

Source: Law Daily Report (lawdailyreport.net)

 

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