Vermont Model Criminal Jury Instructions CR07-403

(Def)_______________ has raised the defense of entrapment. If you find that the State has proven all of the essential elements of the charge, beyond a reasonable doubt, then you will need to consider this defense. If the State has not proven all of the essential elements of the charge, then you must return a verdict of not guilty.

(Def)_______________ bears the burden of proving entrapment by a preponderance of the evidence. To sustain the defense, the evidence must show that the alleged entrapment is more likely true than not true. This burden of proof is less than the burden of proof beyond a reasonable doubt. [For a fuller instruction on Proof by a Preponderance of the Evidence, insert CR04-121.]

Entrapment occurs if, for the purpose of obtaining evidence of the commission of an offense, a law enforcement officer induces or encourages another person to engage in conduct constituting such offense by employing methods of persuasion or inducement that create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it. Entrapment requires more than law enforcement merely creating a favorable opportunity to commit the offense.

Therefore, if (Def)_______________ proves to you by a preponderance of the evidence that the police officers induced or encouraged [him][her] to commit the offense by methods of persuasion or inducement that created a substantial risk that a person otherwise not ready to commit the offense would commit it, then you must find (Def)_______________not guilty.