Vermont 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.
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.
Some examples of Entrapment include badgering, persuasion by flattery, coaxing, cajoling, repeated and insistent requests, or an appeal to friendship or sympathy. The Entrapment defense is not available for a person who is influenced or convinced to commit a crime by a friend, business associate, or family member.
The objective entrapment defense focuses on the behavior of law enforcement, rather than the individual defendant.
Examples of California entrapment Example: Undercover officer ?Sally? begs John dozens of times to sell her cocaine. John is not a dealer, but in order to end Sally's harassment, he contacts a dealer to get her drugs. Here, Sally's entrapment may be a defense to his ensuing possession for sale charge.
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.
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.
Historically, the two primary criteria for determining police entrapment have been termed the 'subjective' standard, which focuses upon the predisposition of defendants to commit the crimes with which they are charged, and the 'objective' standard, which ignores the defendant's predisposition to commit the crime and ...
For example, if an undercover police officer offers a large sum of money to a person to sell drugs, and the person agrees to do so, this could be considered entrapment. Harassment is when a government agent uses coercion or threats to force a person to commit a crime.