West Virginia Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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(c) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent ...
The Entrapment Defense in West Virginia In West Virginia, courts utilize the subjective ?origin of intent? test. It is the defendant's burden to offer some evidence that he or she was induced by the government to commit the crime.
Entrapment is defined as a situation in which a normally law-abiding individual is induced into committing a criminal act they otherwise would not have committed because of overbearing harassment, fraud, flattery or threats made by an official police source.
CACI (Pronounced "Casey") is the name of the Judicial Council of California Civil Jury Instructions, the official civil jury instructions and verdict forms approved by the council on July 16, 2003.
The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.
What Is Entrapment? In Virginia, a criminal defendant may successfully raise an entrapment defense if law enforcement, the government, or any agent of the government: Induced or persuaded the defendant to commit a crime through trickery, persuasion, or fraud.
West Virginia Code § 62-3-21 provides that if a defendant is charged by presentment or indictment and ?if there be three regular terms of court, after the presentment is made or the indictment is found, without trial ? it shall be forever discharged.? The statute provides exceptions to the general rule.