Entrapment

Elements:

• 1. Government agent instigated.
• 2. The defendant committed crime.

• Typical entrapment—pushing over time (person saying, no, no, gov’t agent continuing to push).
• Is this simply "improper government conduct?"
• Entrapment MUST be the "government" or an agent of the government.

United States v. Russel

• Manufacturing meth.
• Offered hard-to-find ingredient and in return give officer half drugs.
• Convicted, offers entrapment defense.
• Government has instigated the crime.
• Subjective (federal): intent of defendant and pre-disposed towards the crime—gov’t simply creating opportunity.
• Part of case: defendant predisposed, just waiting for opportunity.
• Objective (Calif.): legality of the police methods (kind of an exclusionary rule)—normal person would have succumbed to temptation created.