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
- Defense focused
- 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.
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