Puerto Rico 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.
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
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.
To raise the defense of entrapment, you will have to show that (1) you were induced or encouraged to engage in a conduct that constituted a crime, (2) you engaged in such conduct as the direct result of such inducement or encouragement, and (3) the person who induced or encouraged you was a law enforcement officer or ...
United States, 503 U.S. 540, 548?49 (1992) (?Where the Government has induced an individual to break the law and the defense of entrapment is at issue, as it was in this case, the prosecution must prove beyond reasonable doubt that the defendant was disposed to commit the criminal act prior to first being approached by ...
Police may use entrapment when a person is suspected of a crime, but there is not enough evidence for the suspected crime. An example of police entrapment would be if a police officer threatened to arrest a suspect unless they agreed to sell drugs for the officer.
In some cases, law enforcement officers may use tactics such as undercover or sting operations, which do not constitute entrapment. Additionally, if a person has already been involved in criminal activity before any contact with law enforcement officers, then this may also negate an entrapment defense.
Entrapment is a defense to criminal charges on the basis that the defendant only committed the crime because of harassment or coercion by a government official. Without such coercion, the crime would never have been committed.