Law of Entrapment and Governmental Overreaching (From White Collar Crime: Business and Regulatory Offenses, P 6-1, - 6-44, 1990, Otto G. Obermaier and Robert G. Morvillo, eds. - See NCJ-126261)

• NCJ Number: 126267
• Author(s): J A Sale; B P Kuehne
• Date Published: 1990
• Length: 44 pages
• Sale Source: Seminar Press, Inc
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

Although entrapment has developed through judicial decisions and legislation into an accepted and potent law enforcement tool; government overreaching, in which subjects are lead astray through persuasion, force, or irresistible opportunity, is not validated by the courts.

Abstract

Entrapment, a peculiarly American twist in criminal law, is a fairly recent development. The subjective versus objective theories of entrapment focus on the subject's culpability or on the investigative techniques used by police, respectively. Some of the issues involving subjective entrapment, which limits entrapment to persons not predisposed to commit a crime, include the elements and burdens of inducement, predisposition, and law enforcement involvement; vicarious entrapment; and inconsistent defenses. Issues surrounding objective entrapment or government overreaching include the nature of the defense, questions of law, and sex as an inducement. Due process-related considerations arise in cases of sting operations, prosecutor involvement, and contingency fee informers. 165 notes.