When will a jury consider the issue of entrapment in a criminal case?
British Columbia, Canada
The following excerpt is from R. v. Jewitt, 1983 CanLII 233 (BC CA):
Secondly, the accused may be prejudiced in his defence if the issue of entrapment is left to the jury. See the judgment of Frankfurter J. in Sherman v. United States (1958), 356 U.S. 369 at p. 382, reading in part as follows: The danger of prejudice in such a situation, particularly if the issue of entrapment must be submitted to the jury and disposed of by a general verdict of guilty or innocent, is evident. The defendant must either forego the claim of entrapment or run the substantial risk that, in spite of instructions, the jury will allow a criminal record or bad reputation to weigh in its determination of guilt of the specific offense of which he stands charged.
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