Legal Question in Criminal Law in Indiana

Re: Prove entrapment or duress

The elements of any offense must be supported by evidence proven beyond a reasonable doubt. It is the state which has this burden. Where one is advancing the defense of entrapment to an offense, then the burden of proof shifts to the defendant. In such a situation it must be shown that the person was not predisposed to commit the offense. That it was an idea advanced by law enforcement who enticed that individual. The practical application of this would be to demonstrate that the defendant was resistant to the idea of the act at first whose resistance was overcome by the creativeness of police. It is for the most part a very difficult defense. Yet, each case and it's facts are different. These facts must be reviewed fully to make a determination as to whether such a defense should be utilized. One should also be careful when relying on duress. This may suggest the defendant was well aware of the act committed as being unlawful. Therefore, the nature of the threat, force or intimidation and the act committed will be all be relevant to each other.This said, the above should not be relied upon or viewed as applicable to any pending case without a full analysis of it first.