It is viewed with disfavor because allegations of frame up and extortion are

It is viewed with disfavor because allegations of

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It is viewed with disfavor because allegations of frame-up and extortion are easily concocted and are a common standard of defense in most dangerous drug cases. PRESUMPTION of regularity in the performance of public officers UNLESS such defense is substantiated with clear and convincing defense D. CAN INSTIGATION AND FRAME-UP BE BOTH PRESENT IN A CASE? NO for they are incompatible. In instigation, the crime is actually performed by the accused except that the intent originates from the mind of the inducers. Meanwhile, in frame-up, the offense is not committed by the accused. Instigation and frame-up therefore cannot be present concurrently. E. DISTINGUISH ENTRAPMENT FROM INSTIGATION ENTRAPMENT 1. The mens rea originated from the accused who was merely trapped by the peace officer in flagrante delicto 2. Not absolutory since he authored the evil idea 3. Consistent with public policy 4. Trap for the unwary criminal 5. The peace officer has no criminal liability for his acts in accordance with law 6. The crime has already been committed INSTIGATION 1. Evil idea originated from the peace officer who induced the accused to commit the act 2. Absolutory by reason of public policy 3. Contrary to public policy 4. Trap for the unwary innocent 5. The peace officer is a principal by inducement 6. The crime would not and could not have been committed were it not for the instigation The underlying difference between entrapment and instigation is in the origin of the criminal intent. n entrapment, mens rea originates from the mind of the criminal. The idea and resolve to commit the crime comes for him. In instigation, the law enforcers conceive the commission of the crime and suggest it to the accused who adopts the idea and carries it into execution. Entrapment is sanctioned; instigation is tabooed. (People v. de la Pena) Entrapment is oftentimes, the only effective way of apprehending a criminal in the act of the commission of the offense. A criminal is caught committing the act by ways and means devised by peace officers. (People v. Juma) ARTICLE 11. Justifying Circumstances – The following do not incur criminal liability: 1. Defense of self, relatives, and strangers 2. State of necessity 3. Fulfillment of duty 4. Obedience to superior order 1. Anyone who acts in the defense of his person or his rights, provided that the following circumstances concur: FIRST: Unlawful aggression; SECOND: Reasonable necessity of the means employed to prevent or repel it; THRID: Lack of sufficient provocation on the part of the person defending himself 2. Anyone who acts in the defense of the person of the rights of his spouse, ascendants, descendants or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, PROVIDED, that the first and second requisites (unlawful aggression and reasonable necessity of the means employed to prevent it) prescribed in the preceding circumstance are present,
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  • Spring '17
  • john doe

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