ENTRAPMENT DEFENSE IN FEDERAL COURTS - EMERGENCE OF A LEGAL DOCTRINE

• NCJ Number: 36748
• Journal: Mississippi Law Journal Volume: 47 Issue: 2 Dated: (APRIL 1976) Pages: 211-236
• Author(s): K M MURCHISON
• Date Published: 1976
• Length: 26 pages
• Corporate Author: University of Mississippi
• Publication Format: Article
• Publication Type: Historical Overview
• Language: English
• Country: United States of America
• Note: REPRINT

Annotation

THIS ARTICLE TRACES THE CREATION AND DEFINITION OF THE FEDERAL COURT RESPONSE TO INTRUSIVE POLICE ENFORCEMENT OF THE LAWS, WHICH DISALLOWED CONVICTION OF DEFENDANTS WHOSE CRIMINAL CONDUCT WAS INDUCED BY ENFORCEMENT AUTHORITIES.

Abstract

PRE-PROHIBITION CASES WHICH TENTATIVELY RECOGNIZED THE ENTRAPMENT DEFENSE, PARTICULARLY IN THE NINTH CIRCUIT, ARE DISCUSSED, ALONG WITH FIVE APPELLATE COURT DECISIONS BETWEEN 1920 AND 1925 WHICH ACTUALLY REVERSED LOWER COURT CONVICTIONS. THIS INCREASED ACCEPTANCE OF THE DEFENSE IS FURTHER REFLECTED IN THE SUPREME COURT'S RECOGNITION, AND RESTRICTION OF ENTRAPMENT IN ITS 1932 RULING IN SORRELLS V. UNITED STATES. ON APPEAL, THE COURT AFFIRMED THE EXISTENCE OF THE DEFENSE AND THE PRACTICES OF SUBMITTING THE QUESTION TO THE JURY AND ALLOWING THE PROSECUTION TO SUBMIT EVIDENCE OF THE DEFENDANT'S PRIOR CHARACTER AND CRIMINAL RECORD. HOWEVER, BY RELYING ON NARROW PRINCIPLES OF STATUTORY CONSTRUCTION, THE COURT ALSO LIMITED THE DOCTRINE'S APPLICABILITY TO THE INSTANT SITUATION, I.E., THE EIGHTEENTH AMENDMENT.