Criminal Law: Entrapment Defense: Where the Government Has Induced an Individual To Break the Law the Prosecution Must Prove Beyond a Reasonable Doubt That the Defendant Had the Disposition To Commit the Criminal Act Prior To First Being Approached by Government Agents

• NCJ Number: 155389
• Journal: Mississippi Law Journal Volume: 62 Issue: 1 Dated: (Spring 1992) Pages: 191-208
• Author(s): J J Healy III
• Date Published: 1992
• Length: 18 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

In its 1992 decision in Jacobson v. United States, the United States Supreme Court followed clear precedent in its application of a subjective test for the entrapment defense, while appearing to redefine the predisposition element by imposing a greater burden on the government to prove that a defendant had the disposition to violate a law prior to any governmental involvement.

Abstract

The Jacobson case involved a defendant who illegally ordered a magazine containing child pornography from undercover agents after 2.5 years of government solicitation. Jacobson argued that the government agents entrapped him into committing the crime, and the Supreme Court agreed. This decision will cause uncertainty and adversely affect future undercover operations. It appears to present law enforcement officials with the major responsibility of obtaining sufficient evidence of an individual's predisposition to commit a crime even before government officials contact a suspect. The decision appears to limit the government's use of undercover operations without suggesting any guidelines for police to follow. Footnotes