Burnette v. State

I respectfully dissent. Alabama courts follow the so-called subjective approach when deciding whether there is evidence to support an entrapment defense. A two-step test is generally used under this approach: the first inquiry is whether or not the offense was induced by a government agent; and the second is whether or not the defendant was predisposed to commit the type of offense charged. Jackson v. State, 384 So.2d 134 (Ala.Cr.App.1980); Pittman v. State, 462 So.2d 791 (Ala.Cr.App.1984).

In W. LaFave, Criminal Procedure, Vol. 1, § 5.3(d) (1984), the burden of proof in reference to…