MEMORANDUM

THE STATEMENT OF THE CASE

This case is a criminal one in order for defendant to be discharged from criminal liability
under the Law of Entrapment in Criminal Law by herein defendant Paula of Quezon City
praying that this Honorable Court recognize her being free from criminal liability due to
entrapment.

The Doctrine of Entrapment provides that:

The conception and planning of a offense by an officer, and his procurement of its commission
by one who would not have perpetrated it except for the trickery, persuasion or fraud of the
officer. The law forbids a criminal conviction in such a case.

STATEMENT OF THE FACTS

1. Paula was a quiet woman who lived in Quezon City and was known on her job as a
straight arrow and honest worker.
2. When her husband died suddenly, she was left with many debts and an infant daughter.
3. She considered bankruptcy, but was ashamed to be known as a deadbeat.
4. She poured out her heart to Dave, a co-worker, who was also a good friend, Dave was
actually a Police Officer on an undercover assignment to feret out suspected drug traffic
within Paulas company.

5.

She told Paula that as her good friend, she could count on him.

6. He knew of a way where she could make good money fast.

7. All she had to do was to take a package once a week to the office of a friend of his,
where she would be given an envelope containing 50,000 pesos, of which she could keep
25,000.
8. She was suspicious but with creditors getting more insistent, she eventually agreed to the
plan.

9.

After the first week when Paula had begun to pay off her creditors, Dave told that the
packages contained drugs.

10. Paula was shocked but Dave told her that they were in this together and they had nothing
to fear.
11. Paula considered quitting, but she saw it as the only way out of financial ruin, and she
does not want to abandon Dave.

12. She told Dave shed continue to deliver the packages but only for a few more weeks until
her debts were paid off.

13. Dave increased the deliveries to 100,000 each. On the next delivery, Paula was arrested.
ISSUE:
WHETHER OR NOT THE DEFENDANT SHALL
BE DISCHARGED OF CRIMINAL LIABILITY
DUE TO ENTRAPMENT.
ARGUMENTS/DISCUSSION:

The defendant should be discharged from

criminal liability due to entrapment. In criminal
law, a person is 'entrapped' when he is induced
or persuaded by law enforcement officers or their
agents to commit a crime that he had no previous
intent to commit. A defendant who is subject to
entrapment may not be convicted as a matter of
public policy.

14. The entrapment defense to criminal activity is available if:

a. The initiation of criminal conduct came from law enforcement and not
from the person accused of the crime.
b. Law enforcement then persuaded the person to commit the crime.
Presenting the opportunity to commit a crime is not the same as
persuading him to commit the crime.
c. The accused was not ready and willing to commit the crime before being
approached by law enforcement.
d. Once a defendant raises the issue of entrapment, the government is unable
to prove that the defendant was not entrapped beyond a reasonable doubt.
15. If there is a reasonable doubt that the person had any intent to commit the crime but for
inducement or persuasion by law enforcement then the person is not guilty. Essentially

though someone may have sold drugs, if it was the result of entrapment then he is not
guilty.
16. Paula, being a straight arrow and honest worker in her job, it is highly unlikely that she
would have committed what Dave requested her to do had she known it was illegal. This
being said, she had no intention in committing such a crime and add to that, her clean
slate of criminal history.
17. There are two theories of entrapment. The subjective and objective test. This subjective
test is whether a specific defendant charged with a crime had a predisposition to commit
the crime without the participation of law enforcement. Which Paula would not have
done even without the help of law enforcement officers.
18. Defendant seeks for a positive decision in this case to be free from criminal liability due
to entrapment and be able to be acquitted on the ground that she has been induced and
has been persuaded by law enforcement to act illegally.
PRAYER
WHEREFORE, in view of the foregoing it is respectfully prayed that the Honorable Court
discharge defendant from criminal liability due to entrapment produced by the government
official. Such other reliefs as may be just and equitable on the premises are likewise prayed
for.