Hillsborough Florida Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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FAQ
The subjective entrapment test focuses on the defendant's individual characteristics more than on law enforcement's behavior. If the facts indicate that the defendant is predisposed to commit the crime without law enforcement pressure, the defendant will not prevail on the defense.
Entrapment by estoppel applies when an official tells a defendant that certain conduct is legal and the defendant believes that official. This defense applies even in cases of strict liability, because entrapment does not negate the intent element of an offense, it relies on the principle of fairness.
There are 2 types of standards that are used to determine if entrapment occurred: subjective and objective. Objective: If using the objective standard, jurors would decide if a law enforcement officer's actions would have caused a normally law-abiding citizen to commit the same crime.
Entrapment is an affirmative defense to a crime, which means that a defendant may be found not guilty if entrapment occurred even if he or she would be otherwise guilty of the crime. The defendant must raise the defense and prove that entrapment occurred.
Subjective vs. There are two tests employed to show that entrapment occurred in a criminal case: the subjective and objective tests. The subjective test focuses on the defendant and attempts to prove that he or she was not predisposed to commit the offense.
The two tests of entrapment are subjective entrapment and objective entrapment. The federal government and the majority of the states recognize the subjective entrapment defense (Connecticut Jury Instruction on Entrapment, 2010).
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.
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.