The law is murky and seems to hinge on the court's opinion on whether the person who committed the crime would have had they not been influenced by an officer. The police being the ones to start the conversation doesn't rise to the level of entrapment. The police deceiving you into wanting to commit a crime may rise to the level of entrapment if the courts find you wouldn't have done it otherwise (the example I found that illustrated this best was "Hey there's a warehouse full of valuables let's go rob it" isn't entrapment but "Hey this guy said he's gonna kill your kid you need to kill him first" probably does absent any reason to believe you would have killed him without being deceived first). My guess would be that the grey area, plus the relative ease with which they were able to secure a life sentence for the other charges, is why the murder-for-hire charges never went to trial.
> the example I found that illustrated this best was "Hey there's a warehouse full of valuables let's go rob it" isn't entrapment
Literally entrapment.
Like you said, it hinges on if you would have committed the crime without encouragement from the police.
A trap car is not entrapment. You walking past a trap car, checking if the door is unlocked and then going for a joyride / stealing it means you convinced yourself to do this crime.
An undercover policeman telling you he's seen an unlocked car, and "just take it for a spin, for the hell of it"? That's entrapment.
>By a 5–3 margin, the Court upheld the conviction of a Missouri man for selling heroin even though all the drug sold was supplied to him, he claimed, by a Drug Enforcement Administration informant who had, in turn, gotten it from the DEA. The majority held that the record showed Hampton was predisposed to sell drugs no matter his source...The case came before the court when the defendant argued that while he was predisposed, it was irrelevant since the government's possible role as sole supplier in the case constituted the sort of "outrageous government conduct" that Justice William Rehnquist had speculated could lead to the reversal of a conviction in the court's last entrapment case, United States v. Russell.[2] Rehnquist was not impressed and rejected the argument in his majority opinion.
Here's one where the government said "Hey you should sell this heroin that I gave you" and the conviction was upheld because "the record showed Hampton was predisposed to sell drugs no matter his source." So no, the simple act of an undercover cop asking you if you'd like to commit a crime isn't entrapment on its face.
> In late February 1974, Hampton and a DEA informant known as Hutton were playing pool at the Pud bar in St. Louis when Hampton noticed the needle marks on Hutton's arms. He said he needed money and could obtain heroin to sell. Hutton responded that he could find a buyer. After the conversation, he called his handler, DEA agent Terry Sawyer, and reported the proposal.
It was under his own will, the DEA just supplied him the means to do so.
It's basically as if I was in a seedy bar and spot a pistol on an undercover agent, and I tell them I know an easy spot to rob near the bar. Then the undercover agent gives me the pistol, asking for 20% of the take. It only turns into entrapment if I was talking about money problems and the undercover agent would have told me robbing a nearby convienence store could be an easy solve to my money troubles.
The law is murky and seems to hinge on the court's opinion on whether the person who committed the crime would have had they not been influenced by an officer. The police being the ones to start the conversation doesn't rise to the level of entrapment. The police deceiving you into wanting to commit a crime may rise to the level of entrapment if the courts find you wouldn't have done it otherwise (the example I found that illustrated this best was "Hey there's a warehouse full of valuables let's go rob it" isn't entrapment but "Hey this guy said he's gonna kill your kid you need to kill him first" probably does absent any reason to believe you would have killed him without being deceived first). My guess would be that the grey area, plus the relative ease with which they were able to secure a life sentence for the other charges, is why the murder-for-hire charges never went to trial.