Entrapment can be a potential defense in a Wisconsin criminal
case. However, it is generally disfavored by Wisconsin courts
because the accused is asking to be relived of his guilt.
Entrapment must be asserted (if it's a defense) by the
defendant's criminal lawyer. There are generally two requirments
to rely on entrapment as a defense in Wisconsin.
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. |
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