New Mexico Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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FAQ
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.
In New Mexico, you are only required by law to give a police officer your name. If you are driving a vehicle, you are required to show a police officer your driver's license, proof of insurance and car registration.
New Mexico law recognizes entrapment as a complete defense to a criminal accusation. Entrapment is an affirmative defense. This means that, if successful, this defense will negate criminal and civil culpability even if the prosecutor can prove that you committed a crime.
Entrapment. [Defendant] maintains that he/she was entrapped. A person is entrapped when he/she is induced or persuaded by law enforcement officers or their agents to commit a crime that he/she was not otherwise ready and willing to commit. The law forbids his/her conviction in such a case.
The entrapment defense is not constitutionally safeguarded and raises no constitutional issue unless a guilty defendant claims that law enforcement conduct violates the fundamental fairness mandated by due process of law; if such a constitutional defense were to be recognized by the Supreme Court the effect would, like ...
Thus, an entrapment argument could be used to create reasonable doubt, but you now have the burden to prove the police are guilty by the preponderance of the evidence, which means more likely than not.
In Baca v. State of New Mexico,' the New Mexico Supreme Court held that the defense of entrapment is available to a criminal de- fendant if he can show that the government acted improperly in making the arrest or that he was not predisposed to commit the crime.
Entrapment is defined as a situation in which a normally law-abiding individual is induced into committing a criminal act they otherwise would not have committed because of overbearing harassment, fraud, flattery or threats made by an official police source.