Thursday, April 26, 2007

Was Ford entrapped?

I picked up a copy of the jury instructions to let you know what the judge told the jurors about entrapment before they began deliberating.

"One of the questions in this case is whether the defendant was entrapped," the judge said. "Entrapment has two related elements. One is that the defendant was not willing to commit the crime. The other is that the government, or someone acting for the government, induced or persuaded the defendant to commit it."

"If the defendant was not already willing to commit the crime prior to first being approached by government agents or other persons acting for the government, and the government persuaded him to commit it, that would be entrapment. But if the defendant was already willing to commit the crime prior to first being approached by government agents or other persons acting for the government, it would not be entrapment, even if the government provided him with a favorable opportunity to commit the crime, or made the crime easier, or participated in the crime in some way."

Here are some of the things the judge told the jury to consider:

1. Ask yourself what the evidence shows about the defendant's character and reputation.
2. Ask yourself if the idea for committing the crime originated with or came from the government.
3. Ask yourself if the defendant took part in the crime for profit.
4. Ask yourself if the defendant took part in any similar criminal activity with anyone else before or afterwards.
5. Ask yourself if the defendant showed any reluctance to commit the crime and, whether he was overcome by government persuasion.
6. Ask yourself what kind of persuasion and how much persuasion the government used.