Fnu John Sadiqullah v. United States
Environmental SocialSecurity Securities Immigration
When a defendant requests a jury instruction on the affirmative defense of entrapment, what must be proven by the defendant to be entitled to such instruction
QUESTION PRESENTED When a defendant requests a jury instruction on the affirmative defense of entrapment, what must be proven by the defendant to be entitled to such instruction. Specifically: 1. Whether the defendant must prove inducement to commit the crime, or both inducement and predisposition to commit the crime to be entitled to an instruction on the affirmative defense of entrapment. 2. The burden which must be met by the defendant to establish a prima facie case of entrapment. 3. In determining whether the defendant has met the initial threshold, warranting an instruction on entrapment, with what weight a trial court must review the proffered evidence. 4, What proof the defendant is required to produce to support a finding of inducement. 5. What factors, if any, are to be considered in determining the defendant’s predisposition to commit the criminal conduct proposed by the government agent. 6. In determining the defendant’s predisposition to commit the crime, should a trial court consider the actions and/or statements of the defendant prior to introduction to the government agent solely or, should all actions and/or statements of the defendant before, during, and after introduction of the government agent be considered?