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Jury Instruction - Entrapment

Jury Instruction - Entrapment

Name: Jury Instruction - Entrapment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.82 (362 reviews)

Category:

Federal - Jury Instructions - Special Instructions

State:

Multi-State

Control #:

US-11CRS-12-1

Format:

Instant download

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Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

Entrapment is a defense to criminal charges, and it's based on interaction between police officers and the defendant prior to (or during) the alleged crime. A typical entrapment scenario arises when law enforcement officers use coercion and other overbearing tactics to induce someone to commit a crime.

A curative instruction is given to a jury by the judge in a case to negate the prejudicial effect of an erroneous instruction or tainted evidence.

Entrapment is an affirmative defense, which means the defendant has the burden of proving that entrapment occurred. The defendant must prove that: law enforcement agents approached the defendant and/or introduced the idea of committing a crime. the defendant was not ready and willing to commit the crime, and.

Under California law, entrapment refers to a situation where a normally law abiding person is induced to commit a crime that he/she otherwise would not have committed. Entrapment only applies to overbearing official conduct, seen in the form of pressure, harassment, fraud, flattery, or threats.

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.

A jury instruction is given by the judge to the jury to explain what is happening in the court, to explain the points of law relevant to the case, to explain certain aspects of the evidence presented and to assist the jurors in understanding their duties in reaching a verdict.

An entrapment defense arises when government agents resort to repugnant behavior such as the use of threats, harassment, fraud, or even flattery to induce defendants to commit crimes. Case Example 1. Mary-Anne Berry is charged with selling illegal drugs to an undercover police officer.

The objective entrapment defense focuses on law enforcement behavior, and provides a defense if the tactics law enforcement uses would convince a reasonable, law-abiding person to commit the crime. Under the objective entrapment defense, the defendant's criminal record is irrelevant and inadmissible.

Entrapment may result from the use of threats, intimidation, extended fraud, or any other means where the defendant was essentially forced to commit a crime. For example, law enforcement officers could set up a sting operation for a suspected criminal to commit a burglary.

Jury Instruction - Entrapment

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What is legally considered entrapment?

What is a curative jury instruction?

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What are the elements of entrapment?

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What is the objective test for entrapment?

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