Utah Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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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 ...
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.
The objective entrapment defense focuses on the behavior of law enforcement, rather than the individual defendant. If law enforcement uses tactics that would induce a reasonable, law-abiding person to commit the crime, the defendant can successfully assert the entrapment defense in an objective entrapment jurisdiction.
In a majority decision authored by Justice Byron R. White, the Court determined that, the prosecution was unable to prove, beyond a reasonable doubt, that Jacobson was inclined to commit the criminal act of purchasing child ography independent of government interference.
Negative Defenses and Affirmative Defenses Sometimes the government is unable to prove all the elements of the crime charged. When this happens, the defendant may raise a negative defense claim.
Entrapment is a practice in which a law enforcement agent or agent of the state induces a person to commit a "crime" that the person would have otherwise been unlikely or unwilling to commit.
Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v.
76-2-303 Entrapment. (2) The defense of entrapment shall be unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening the injury to a person other than the person perpetrating the entrapment.