Thanks for joining us again for this discussion on entrapment. As we explained in the previous article, here in Michigan, there’s a difference between being lied to by the cops, and being entrapped by the police. One is legal and one isn’t. Specifically, it’s legal for the cops to lie to you, but not for an officer to trick you or coerce you into committing a crime. So all that baloney you’ve heard about how officers have to tell you they’re cops if you ask them directly? Nope, not true.
The Feds have different entrapment laws than Michigan.
Here in Michigan, when the court has to figure out if someone was ‘entrapped’ by a cop, they use what’s called an “objective test.” This is actually a different system than the one used by the federal criminal courts. In order to determine whether or not an entrapment defense applies, the federal court uses a “subjective test.” As you may have guessed, objective and subjective tests aren’t the same thing.
So what’s the difference between the two?
The difference between the objective test and the subjective test, is whether or not the specific individual person accused of breaking the law was predisposed to commit the crime. In other words, was the accused likely to do something illegal even if the cop wasn’t there? The federal court tries to figure it out by looking into a reasonble person’s predisposition to commit the crime. Whereas in Michigan, while the specific defendant’s state of mind needs to be factored in.
A breakdown of the ‘objective test” (the Michigan method):
In the objective test, the court asks if what the cops did that allegedly led the defendant to break the law, would have led any other reasonable, law-abiding person to commit that crime. In other words, would something the officer said or did caused any reasonable person in the same circumstances to commit the crime. In this case, the state of mind the defendant was in at the time doesn’t really play a big role.
In the ‘subjective’ test, your state of mind is important!
In the ‘subjective’ test, which is what the feds use, the court looks at both the supposed trickery of the cops, and this specific defendant’s state of mind at the time. If a person decides to use this defense, they’ve got to prove to the court that they were induced, or tricked, into breaking the law. The prosecution is likely to respond by trying to trash their reputation to prove that they’re a criminal by nature, and would have broken the law regardless. It’s a risky approach, and one that you should only try if you have an EXCELLENT defense attorney!
Do you believe you’ve been tricked by the cops in Michigan?
If you or a loved one have been tricked into breaking the law by an undercover cop, you’re going to need expert legal advice immediately! The skilled criminal defense attorneys at The Kronzek Firm have decades of experience handling the fallout from questionable police practices all over Michigan. We understand what’s involved in choosing an entrapment defense, and can make sure you get the best possible outcome in your case, no matter what happens along the way. Call us immediately at 866 766 5245. We’re here to help you!