Entrapment

• Category: Federal - Jury Instructions - 11th Circuit - Criminal
• State: Multi-State
• Control #: US-JURY-11THCIR-S13-1-CR
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Entrapment is a legal concept that involves one party inducing another party to commit a crime that the lured party would not otherwise have committed. Entrapment is commonly used as a defense in criminal cases, and if proven, a conviction may be overturned or a sentence reduced. There are two types of entrapment: subjective entrapment and objective entrapment. Subjective entrapment involves law enforcement officers engaging in conduct that would induce a law-abiding person to commit a crime. The defense of subjective entrapment is based on the defendant's state of mind at the time of the offense and the nature of the law enforcement officer's conduct. Objective entrapment involves law enforcement officers engaging in conduct that is so outrageous that it violates the defendant's due process rights. The defense of objective entrapment is based on the courageousness of the law enforcement officer's conduct rather than the defendant's state of mind. In both instances, entrapment is a valid defense if the defendant can prove that the law enforcement officers induced them to commit a crime that they would not have committed otherwise.