Importance Of Predisposition In Court Cases

3. The case will not likely go to a jury because Ms. Daniels will establish inducement and lack of predisposition as a matter of law.

A trial judge has authority to rule as a matter of law if: the factual circumstances are not in dispute, the accused can show inducement by the CI, and the state is unable to rebut predisposition beyond a reasonable doubt. Munoz, 629 So. 2d at 100-101
For example, where the accused is induced by sympathy and physical threat and there is a lack of predisposition when the police did not know of accused’s involvement the evidence will be determined as a matter of law. Williams, 623 So. 2d at 169. Additionally, when the police misrepresent themselves and target the accused with no prior knowledge of criminal behavior it should be determined as a matter of law, the accused was subjectively entrapped. Munoz, 629 So. 2d at 102 …show more content…
Daniels case will be determined as a matter of law because she was induced by Ms. Iglesias persistent misrepresentation and lack of predisposition for selling oxy. Trial Tr., at 13:11—13. Where the accused in Williams was taken advantage of because of his relationship with the CI, Ms. Iglesias used her relationship to plea Ms. Daniels into selling her oxy. Trial Tr., at 15:1—4. Ms. Daniels will also likely show that her case should be decided as a matter of law because it is similar to Munoz. There the accused was not known to the police, and here Ms. Daniels did not have a record and Ms. Iglesias doubts they ever looked into her past. Trial Tr., at