Minnesota Jury Instruction - Entrapment
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There are two types of entrapment: subjective entrapment and objective entrapment. Some states use the subjective entrapment test, while other states use the objective entrapment test. Estoppel can be entrapment when the government uses it to convince someone to commit a crime.
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 ...
Entrapment Examples A police officer offers to buy drugs from a suspected drug dealer. ... A police officer plants drugs on a suspect and then arrests them for possession of drugs. ... A police officer entices a suspect to commit a robbery by offering them money for doing so.
ONE METHOD OF CONTROLLING LAW ENFORCEMENT PROCEDURES IN WHICH AGENTS INDUCE THE COMMISSION OF A CRIME IS THE AFFIRMATIVE DEFENSE OF ENTRAPMENT. IN TWO EARLIER SUPREME COURT DECISIONS, IT WAS HELD THAT PREDISPOSITION TO CRIMINAL ACTIVITY ON THE PART OF THE ACCUSED WAS A PRINCIPLE INGREDIENT IN THE TEST FOR ENTRAPMENT.
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. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.
Elements of Entrapment The accused individual must have induced or made false statements to persuade the defendant to commit a crime. The preponderance of the evidence shows that the defendant would not have committed the crime absent the accused individual's illegitimate acts.
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).