Crim Pro 4
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Entrapment - Common Law & Due Process
Limitations on 5th Am Due Process only when gov't activity in question violates some protected right of the defendent.
Inducement and Predisposition
Prosecution must prove beyond reasonable doubt.
D was predisposed to commit the criminal act prior to being approached by the gov't.
Predisposition precludes application of Entrapment defense.
Common Law origin
Entrapment common law defense recognized in federal court. No constitutional mandate to require states to recognize
Where D is predisposed to commit a crime
Occurs only where police procures commission of crime by individual not predisposed
Where the law enforcement acts in a manner likely to instigate a criminal offense
Burden of Proof
Defendent must show inducement on part of the gov't
then . . burden shifts to
Prosecution must show D was predisposed, ready willing and able
What is inducement?
Daily harassment, belligerent gov't behavior
Forceful solicitation and dogged insistence
Playing upon D's sympathies
Agent pretending to be suicidal and desperte for money
More than ordinary opportunity
Graduated responses will not create it
Lengthy time frame of gov't action will not support it.
Crim Pro 4