- 1. Government agent instigated.
- 2. The defendant committed crime.
United States v. Russel
- 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.
- 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.