Georgia Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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FAQ
In order to successfully claim entrapment in California, you must prove by a ?preponderance of the evidence that the conduct of law enforcement (or their agents) would have likely induced a ?normally law-abiding person? to commit the charged offense.
The objective entrapment defense focuses on the behavior of law enforcement, rather than the individual defendant. If law enforcement uses tactics that would induce a reasonable, law-abiding person to commit the crime, the defendant can successfully assert the entrapment defense in an objective entrapment jurisdiction.
The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.
Entrapment exists when the plan to commit a crime originated with a government officer or employee and he, by undue persuasion, incitement, or deceitful means, induced the accused to commit the act, which the accused would not have committed except for the conduct of such officer.
The subjective entrapment test is based on the defendant's state of mind. That is, the defendant must show that they were not predisposed to commit the crime and that the government played an active role in inducing them to do so. The objective entrapment test is based on the actions of the defendant.
THE SUBJECTIVE THEORY OF THE ENTRAPMENT DOCTRINE FOCUSES ON THE PRIOR RECORD AND PREDISPOSITION OF THE DEFENDANT; THE OBJECTIVE THEORY EXAMINES THE CONDUCT OF THE POLICE AND ITS LIKELIHOOD FOR ENTRAPPING ONLY WILLING OFFENDERS.
Historically, the two primary criteria for determining police entrapment have been termed the 'subjective' standard, which focuses upon the predisposition of defendants to commit the crimes with which they are charged, and the 'objective' standard, which ignores the defendant's predisposition to commit the crime and ...
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.