Question

Business Law

Thomas, a struggling college student, was entering his favorite grocery store to buy a few things when he was approached by a woman who told him that she had no money and needed a few food items to eat. She suggested that Thomas get some steaks for grilling and return with her to her apartment for dinner. Thomas told her that he did not have much money and did not want to take anything for her without buying it, but the woman persisted and would not take no for answer. While continuing to pressure Thomas, she went into the store with him. While in the grocery store, Thomas was eventually convinced to put some steaks and other items in his backpack and, without paying for them, carried them out of the store in preparation for dinner with the woman. Unknown to Thomas, the woman was actually an undercover police officer who arrested him for shoplifting. What do you think is the best defense for Thomas? Explain. Do you think this defense will be successful?

Answer 1

The case is of entrapment where Thomas was induced into committing crime by the undercover officer by means of lies and excessive persuation. The best option for Thomas will be to defend that the polic officers' actions would have enticed a normal law abiding person to commit crime, when the person otherwise had no predisposition for committing the crime. In this case, the court is most likely to use objective standards in assessing the facts that the defendant had no intent to commit shoplifting before meeting the officer, and the later coerced him into the act.