Wyoming Jury Instruction - Entrapment
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CONDITIONAL GUILTY PLEA Rule 11 of the Wyoming Rules of Criminal Procedure allows you to contest adverse rulings a judge made in the case, such as losing a motion to suppress, if you agree to plead guilty conditionally. The terms of the conditional plea must appear in writing and be given to the court.
Federal court In federal criminal prosecutions, if a defendant proves entrapment the defendant may not be convicted of the underlying crime. A valid entrapment defense has two related elements: government inducement of the crime, and. the defendant's lack of predisposition to engage in the criminal conduct.
In Wyoming, there is no statute of limitations for criminal prosecutions. Put another way, you can be prosecuted at any time for committing any crime, no matter how far back it was. This makes the state extremely unique compared to other states.
[¶15] The law in Wyoming is also well settled with respect to Ms. Nelson's theory of defense. Entrapment law serves the purpose of ensuring that a defendant is not punished who, but for government encouragement, would not have committed an offense.
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.
Prior to the Janski decision, the Wyoming rule was that the defense of entrapment was available to the criminally accused when the criminal scheme had its origin in the mind of the police and the law enforcement officials actively in- duced the criminal conduct by implanting the criminal scheme in the defendant's mind.
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.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.