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NCJRS Abstract

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NCJ Number: 34441 Find in a Library
Title: ENTRAPMENT CONTROVERSY
Journal: MINNESOTA LAW REVIEW  Volume:60  Issue:2  Dated:(JANUARY 1976)  Pages:163-274
Author(s): R PARK
Corporate Author: University of Minnesota Law School
Institute on Criminal Justice
United States of America
Date Published: 1976
Page Count: 112
Sponsoring Agency: University of Minnesota Law School
Minneapolis, MN 55455
Format: Article
Language: English
Country: United States of America
Annotation: THIS ARTICLE EVALUATES TWO OPPOSING VERSIONS OF THE DEFENSE OF ENTRAPMENT IN CASES INCOLVING UNDERCOVER POLICE SOLICITATION OF CRIME.
Abstract: THE FEDERAL 'SUBJECTIVE' APPROACH FOCUSES UPON THE CULPABILITY OF THE PARTICULAR DEFENDANT, ASKING WHETHER HE WAS PREDISPOSED TO COMMIT CRIMES OF THE NATURE CHARGED. THE 'HYPOTHETICAL-PERSON' APPROACH FOCUSES UPON THE INDUCEMENTS USED BY POLICE AGENTS AND WHETHER THESE INDUCEMENTS WERE LIKELY TO CAUSE A NONDISPOSED PERSON TO COMMIT THE CRIME CHARGED. THE AUTHOR FIRST DESCRIBES THE TWO DEFENSES IN DETAIL, EMPHASIZING HOW THEY DEAL WITH PREDISPOSITION AND AGENT MISCONDUCT. BASED ON THIS DESCRIPTION, HE THEN ARGUES THAT THE FEDERAL DEFENSE, WITH SOME MODIFICATIONS, IS PREFERABLE TO THE HYPOTHETICAL-PERSON DEFENSE SINCE THE HYPOTHETICAL-PERSON DEFENSE CREATES A GREATER RISK OF UNJUST TREATMENT OF INDIVIDUAL DEFENDANTS THAN DOES THE FEDERAL DEFENSE. HE FURTHER MAINTAINS THAT THE POSSIBILITY OF BENEFICIAL EFFECTS UPON CONDUCT OF POLICE AGENTS IS NOT STRONG ENOUGH TO JUSITFY TAKING THIS RISK. IN THE PROCESS, THE AUTHOR RESPONDS TO VARIOUS CRITICISMS OF THE FEDERAL TEST NAD DISCUSSES HOW THE BURDEN OF PROOF SHOULD BE ALLOCATED AND WHETHER THE DEFENSE WHOULD BE THE PROVINCE OF THE JUDGE OR THE JURY.
Index Term(s): Criminal Solicitation; Defense; Entrapment; Judicial decisions; Police legal limitations; Rules of evidence
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=34441

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