• 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.
View most interesting 'lawschool' photos on Flickriver

Related Notes

Related Commentary