Can a raise the defense of instigation?

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asked Feb 28, 2022 in Law Enforcement/Police by Noname132333 (600 points)
Can a raise the defense of instigation?

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answered Mar 2, 2022 by ChickenSalad (3,390 points)
You can raise the defense of instigation as it's a valid defense.

Instigation is recognized as a valid defense that can be raised by an accused.

To use the instigation as a defense, however, the accused must prove with sufficient evidence that the government induced him to commit the offense.

Instigation is the means by which the accused is lured into the commission of the offense charged in order to prosecute him.

On the other hand, entrapment is the employment of such ways and means for the purpose of trapping or capturing a lawbreaker.

California makes it a misdemeanor to engage in conduct that urges others to riot, commit acts of force or violence, or commit acts of burning or destroying property.

A person convicted of incitement to riot faces up to a year in jail and a $1,000.00 fine.

The definition of instigate is to start something or cause something to happen.

An example of instigate is when you start a riot or get people all worked up with your speech.

To goad or urge forward; to set on; to provoke; to incite. He hath only instigated his blackest agents to the very extent of their malignity.

In criminal law Instigation is the means by which the accused is lured into the commission of the offense charged in order to prosecute him.

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