Fundamentals
True or False; Entrapment is a complete defense to a criminal charge.
True.
Not sufficient inducement to involve entrapment (4): Hint ASPD
Artifice, stratagem, pretense, or deceit
Three Types of Entrapment
1) Entrapment by Estoppel
2) Entrapment by Unclean Hands
3) Entrapment as Consent
Topolewski v. State
Entrapment as consent case. Left meat on a loading dock to invite theft.
Sentencing Entrapment Machine Gun Case
Elements of Entrapment
A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct.
Maybe enough for inducement (2).
A showing of at least persuasion or mild coercion.
What is entrapment as estoppel?
Basically mistake of law caused by reasonable reliance on official inducement or official interpretation.
Raley v. Ohio
Entrapment by Estoppel case. Told silence would shield him from conviction around Communist activities.
Types of Sentencing Entrapment and Manipulation
1) Sentencing Entrapment
2) Sentencing Manipulation
3) Reverse Sting Operation
4) Sentencing - Altering Specific Intent (People v. Claypool)
Case which cites the two elements of entrapment.
Mathews v. United States, 485 U.S. 58, 63 (1988).
Probably enough to establish inducement NSFP.
Pleas based on need, sympathy, or friendship, or extraordinary promises of the sort "that would blind the ordinary person to his legal duties."
United States v. Evans, 924 F.2d 714, 717 (7th Cir. 1991).
What is entrapment as unclean hands?
Government sullies itself by active participation instead of passive involvement.
Subjective Test
Predisposition of the suspect.
Factors in identifying prolonging of an investigation for manipulation of a sentence.
1) Length of time between first offense and arrest
2) Whether there was an immediate need to arrest
3) Whether the suspect had committed a violent offense
4) Whether a co-conspirator was sought
5) Whether delay would provide greater understanding of the nature of the enterprise
Of the two elements, which is by far the most important?
Predisposition
Definitely enough to show inducement.
If government's behavior was such that "a law-abiding citizen's will to obey the law could have been overborne."
What is entrapment as consent?
Leaving bait to invite crimes and lure potential offenders.
Objective test
Outrageous conduct by the government.
Imaginary drugs case.
United States v. Sanchez
Fill in the blank. __________ is the threshold issue in the entrapment defense. Mere solicitation to commit a crime is not __________.
Inducement
Case for definite entrapment.
United States v. Kelly, 748 F.2d 691, 698 (D.C. Cir. 1984). Abscam - Arab sheik fakes.
United States v. Jacobson
Unclean hands case. U.S. acted as a pornographic agent.
Hybrid test.
Judge adjudicates claim under objective test at pretrial. Jury is then given the opportunity at trial to adjudicate the claim under the subjective test.
Russell case
Supplied with necessary ingredient to cook meth.
Defenses:
1) No ongoing crime (gave it up)
2) Active agent (supplied drugs)
3) Created the crime (made the impossible possible)
4) Induced through profits
5) Reluctance: Officer persistence
Prosecution:
1) Predisposed
2) Samples already in their possession