Crim Pro 4

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  1. 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.
  2. Inducement and Predisposition
    (Jacobson 1992)
    • 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.
  3. Common Law origin
    Entrapment common law defense recognized in federal court. No constitutional mandate to require states to recognize
  4. Subjective Standard
    • Defense focused
    • Where D is predisposed to commit a crime
    • Occurs only where police procures commission of crime by individual not predisposed
  5. Objective Standard
    Where the law enforcement acts in a manner likely to instigate a criminal offense
  6. 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
  7. 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
  8. Pre-Disposition
    • More than ordinary opportunity
    • Graduated responses will not create it
    • Lengthy time frame of gov't action will not support it.
Card Set:
Crim Pro 4
2011-07-18 21:53:21

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