NCJ Number
37540
Journal
Mississippi Law Journal Volume: 47 Issue: 4 Dated: (SEPTEMBER 1976) Pages: 573-619
Date Published
1976
Length
47 pages
Annotation
THIS ARTICLE EXAMINES THE FOUR SUPREME COURT DECISIONS SINCE 1958 AS WELL AS LEADING OPINIONS OF THE COURTS OF APPEALS AND OFFERS CONCLUSIONS CONCERNING THE CURRENT LIMITATIONS OF THE DEFENSE IN THE FEDERAL COURTS.
Abstract
THE U.S. SUPREME COURT DECISIONS ANALYZED ARE SHERMAN V. UNITED STATES (1958), MASCIALE V. UNITED STATES (1958), UNITED STATES V. RUSSELL (1973), AND UNITED STATES V. HAMPTON (1976). THE FIRST TWO DECISIONS FOCUSED ON AN OBJECTIVE TEST OF ENTRAPMENT - IMPROPER INDUCEMENT OR GOVERNMENTAL CONDUCT - WHILE THE LAST TWO CONCENTRATED ON A SUBJECTIVE ASSESSMENT OF THE DEFENDANT'S PREDISPOSITION TO COMMIT THE OFFENSE. IN ADDITION, HAMPTON ATTEMPTED TO RULE OUT THE POSSIBILITY THAT THE DEFENSE OF ENTRAPMENT COULD EVER BE BASED ON GOVERNMENTAL MISCONDUCT. WHILE THESE DECISIONS FAILED TO PRODUCE UNIFORMITY IN THE AREA DEALING WITH ENTRAPMENT, THEY ALSO LARGELY IGNORED A NUMBER OF PERIPHERAL ISSUES ON WHICH THE FEDERAL COURTS OF APPEAL HAVE SPLIT. THESE ISSUES INCLUDE THE BURDEN OF PROOF, EVIDENCE OF PREDISPOSITION, THE GOVERNMENT'S RELATION WITH ITS INFORMERS, AND THE PERMISSIBILITY OF ALTERNATIVE DEFENSES OF ENTRAPMENT AND INNOCENCE.