Kansas Jury Instruction - Entrapment

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US-11CRS-12-1
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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 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.

21-5227. Law enforcement officer making arrest. (a) A law enforcement officer, or any person whom such officer has summoned or directed to assist in making a lawful arrest, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest.

Entrapment is not a crime, but it's not allowed, either. It is only an affirmative defense to criminal charges. Although many people understandably ask themselves, ?Is entrapment illegal in the US?? the bottom line is the police won't go to jail or get in serious legal trouble for entrapping someone.

Interference with law enforcement. (3) knowingly obstructing, resisting or opposing any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty.

562.066. Entrapment. ? 1. The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the prescribed conduct because he or she was entrapped by a law enforcement officer or a person acting in cooperation with such an officer.

Kansas is one state where the rare legal defense of entrapment is a possible tool in the hands of criminal defense attorneys.

Entrapment. (b) The crime was of a type which is likely to occur and recur in the course of such person's business, and the public officer or such officer's agent in doing the inducing or soliciting did not mislead such person into believing such person's conduct to be lawful.

Entrapment is a practice in which a law enforcement agent or agent of the state induces a person to commit a "crime" that the person would have otherwise been unlikely or unwilling to commit.

More info

Sep 11, 2015 — The district court instructed the jury on entrapment as an affirmative defense to the charge. We discuss the instructions in analyzing Arb's ... The judge shall instruct the jury at the close of the evidence before argument and the judge, in the judge's discretion, after the opening statements, may ...... the jury needs to know for the case. We also recommend sending a copy of the instructions as given to the jury room. Counsel are reminded of the dictates of ... Aug 3, 2010 — Case law employs language written for lawyers, not for jurors. The Committee recommends drafting instructions in plain English. While we ... ment to Pattern Instructions for Kansas-Criminal has been accomplished through the efforts of the Committee on Pattern Jury Instructions of the Kansas District. Aug 4, 2014 — A defendant wanting to use this defense would need to request it in a jury instruction if his case were tried to a jury. If illegal conduct is ... The preparation and publication of Pattern Instructions for. Kansas-Criminal 2d has been accomplished through the efforts of the Judicial Council Advisory ... by D Stevenson · Cited by 48 — This essay analyzes emerging trends in entrapment law, and is the first to describe the declining numbers of reported cases that involve the entrapment ... KNUDSON, J.: Timothy Carr appeals his conviction of one count of sale of cocaine. He claims that the trial court gave an erroneous jury instruction on his ... Entrapment is a defense to a charge of (fill in crime) if the criminal ... Use this instruction when the defense of entrapment is in issue. For bribery cases ...

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Kansas Jury Instruction - Entrapment