Massachusetts Jury Instruction - Entrapment
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How to fill out Massachusetts Jury Instruction - Entrapment?
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FAQ
Elements of Entrapment The accused individual must have induced or made false statements to persuade the defendant to commit a crime. The preponderance of the evidence shows that the defendant would not have committed the crime absent the accused individual's illegitimate acts.
Entrapment is a defense to criminal charges on the basis that the defendant only committed the crime because of harassment or coercion by a government official. Without such coercion, the crime would never have been committed.
To raise the defense of entrapment, you will have to show that (1) you were induced or encouraged to engage in a conduct that constituted a crime, (2) you engaged in such conduct as the direct result of such inducement or encouragement, and (3) the person who induced or encouraged you was a law enforcement officer or ...
United States, 503 U.S. 540, 548?49 (1992) (?Where the Government has induced an individual to break the law and the defense of entrapment is at issue, as it was in this case, the prosecution must prove beyond reasonable doubt that the defendant was disposed to commit the criminal act prior to first being approached by ...
A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.
Under Massachusetts law, a plaintiff may recover for unjust enrichment upon a showing that 1) she conferred a benefit upon the defendant, 2) the defendant accepted that benefit and 3) the defendant's retention of the benefit would be inequitable without payment for its value.
Entrapment is a defense to be raised at trial, not by a pretrial motion to dismiss. To raise an entrapment issue, the defendant must introduce ?some evidence of inducement by a government agent or one acting at his direction.? Commonwealth v. Shuman, 391 Mass.
The defense of entrapment has two elements: ?(1) government inducement of the crime and (2) the defendant's lack of predisposition to engage in the criminal conduct.? United States v. Ray, 367 Fed.