New York Law (NYLE) Practice Exam

The defense of entrapment must be proven by the defendant by which standard?

1. Clear and convincing evidence

2. Preponderance of the evidence

3. Beyond a reasonable doubt

4. Substantial evidence

The correct answer is: Preponderance of the evidence

The defense of entrapment must be established by the defendant by the standard of preponderance of the evidence. This means that the defendant has the burden of demonstrating that it is more likely than not that the government induced them to commit a crime that they otherwise would not have engaged in. In the context of criminal law, this standard is less stringent than beyond a reasonable doubt, which is the standard for proving guilt in a criminal prosecution. Preponderance of the evidence requires that the evidence in favor of the defense outweighs the evidence against it, relying on the notion that if the evidence shows a greater than 50% likelihood that entrapment occurred, then the defense is successful. The other standards mentioned, such as clear and convincing evidence or beyond a reasonable doubt, are applicable in different contexts or types of legal proceedings, thus reinforcing why preponderance of the evidence is the correct standard for the entrapment defense.