Texas Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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The basic format in the Texas Pattern Jury Charges to submit a breach of contract is to ask, as needed, whether the parties had an agreement and whether one or both of the parties failed to comply with the agreement. See PJC 101.1 and 101.2.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
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.
In Texas, entrapment is a legal defense to a crime. It absolves people of criminal liability when the police lured them into committing the offense. If the police conduct would have induced a reasonable law-abiding person to commit the crime, it can be entrapment.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
Is The Burden Of Proof On The Prosecution Or Defendant? Entrapment is an affirmative defense which means that the burden of proof is on the defendant and he must prove his defense by a standard known as preponderance of the evidence.
To prove entrapment in California, the defendant must show that the government agent induced them to commit the crime and that they were not predisposed to committing the crime. Predisposition is the measure of a person's willingness to commit a crime prior to being approached by a government agent.
Entrapment. (a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.
