6.06 RELIANCE ON PUBLIC AUTHORITY

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Multi-State
Control #:
US-JURY-7THCIR-6-6-CR
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Word
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Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm

6.06 Reliance on Public Authority is a principle of agency law that states that a principal must rely on the public authority of an agent to carry out their duties. This principle is especially relevant in cases of agency contracts, where an agent is hired by a principal to carry out a task on their behalf. In such cases, the principal must rely on the agent to act within the scope of their authority, and in accordance with the law. Types of 6.06 Reliance on Public Authority include the doctrine of apparent authority, where an agent is assumed to have authority to act on behalf of a principal, and the doctrine of ratification, where a principal accepts responsibility for the acts of an agent.

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FAQ

In the defense of public authority, it is the defendant whose mistake leads to the commission of the crime; with "entrapment by estoppel," a government official commits an error and, in reliance thereon, the defendant thereby violates the law.

Entrapment by estoppel applies when an official tells a defendant that certain conduct is legal and the defendant believes that official. This defense applies even in cases of strict liability, because entrapment does not negate the intent element of an offense, it relies on the principle of fairness.

(the defense of duress applies when the accused's participation in the offense was caused by a reasonable apprehension that the accused or another innocent person would be immediately killed or would immediately suffer serious bodily injury if the accused did not commit the act; the apprehension must reasonably

Entrapment by estoppel applies when an official tells a defendant that certain conduct is legal and the defendant believes that official. This defense applies even in cases of strict liability, because entrapment does not negate the intent element of an offense, it relies on the principle of fairness.

"Entrapment by estoppel" is another type of "public authority defense," defined as an argument that the government made errors that convinced a defendant that they were acting within the law, assuming the defendant "was reasonable in believing that his/her conduct was sanctioned by the government."

In the defense of public authority, it is the defendant whose mistake leads to the commission of the crime; with "entrapment by estoppel," a government official commits an error and, in reliance thereon, the defendant thereby violates the law.

The defendant contends that if although he she committed the acts charged in the indictment, he she did so at the request of a government agent. Government authorization of the defendant's acts legally excuses the crime charged.

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6.06 RELIANCE ON PUBLIC AUTHORITY