Derivative Entrapment Law and Legal Definition

Derivative entrapment is a defense that is available in some circuits when the government instructs an unsuspecting middleman or a private person to improperly induce an individual to commit a crime. Such private person can be either an agent of the government or an unwitting participant. Other circuits refuse to acknowledge a derivative entrapment defense, particularly when the middleman is unaware that he is helping the government. Of the circuits that recognize derivative entrapment, all require that the inducement originate with the government and that the government intend to target a pre-selected individual.