State v. Doran

This appeal poses several previously unanswered questions significant to the administration of criminal justice in this state. First, we are asked to define the defense of entrapment. Second, we must decide whether entrapment is an affirmative defense. The final issue presented is whether a trial court commits prejudicial error by failing to allocate any burden of proof on the entrapment defense.

I

We must initially choose between defining entrapment under the “subjective” or “objective” test. Succinctly stated, the subjective test of entrapment focuses upon the predisposition of the accused to…