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Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion

Loaded on Jan. 15, 2022 by Douglas Ankney published in Criminal Legal News February, 2022, page 34
Filed under: Jury Instructions, Entrapment. Location: New York.

by Douglas Ankney

The U.S. Court of Appeals for the Second Circuit announced that for purposes of the defense of entrapment, the defendant has the burden to produce some “credible evidence” that the government induced him to commit the crime.

John E. Cabrera was charged with two counts each of ...

 

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