Washington Jury Instruction - Entrapment

Category:

Federal - Jury Instructions - Special Instructions

State:

Multi-State

Control #:

US-11CRS-12-1

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

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.

Entrapment is a defense to a charge of (fill in crime) if the criminal design originated in the mind of law enforcement officials, or any person acting under their direction, and the defendant was lured or induced to commit a crime that the defendant had not otherwise intended to commit.

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.

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.

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 ...

The pattern instructions are not authoritative primary sources of the law; rather, they restate otherwise existing law for jurors. The pattern instructions do not receive advance approval from any court, although they are often treated as ?persuasive.? See, e.g., State v. Mills, 116 Wn.

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.

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 ...

More info

Entrapment is a defense to a charge of (fill in crime) if the criminal design originated in the mind of law enforcement officials, or any person acting ... Sep 26, 2023 — ENTRAPMENT JURY INSTRUCTION REQUEST. Feola requested a jury instruction for the defense of entrapment. In its consideration of. Feola's ...Fourth and finally, appellants claim the entrapment instruction did not inform the jury adequately about the essential timing of a finding of predisposition. Mar 31, 2022 — The court therefore denied the entrapment instruction and precluded evidence showing the absence of a criminal record to show lack of ... Oct 4, 2023 — Many states, including Washington, have developed "pattern" instructions for judges to use in civil and criminal cases. These are written by the ... These model jury instructions are written and organized by judges who are appointed to the Ninth Circuit Jury Instructions Committee by the Chief Circuit Judge. by MV Honeywell · 1998 — First, entrapment is a question of fact for the jury while outrageous government conduct is a question of law for the court. 2' Second, the doctrines emanate ... Apr 5, 2022 — At the conclusion of its case, the State argued an entrapment instruction was not justified because Arbogast failed to show government ... Jan 22, 2020 — Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in ... Manual of Model Criminal Jury Instructions · Manual of Model Civil Jury ... Copyright © 2023, Eastern District of Washington.