Chapter 10: The Exclusionary Rule and Entrapment

Question 1

Police officers’ punishment for unreasonable __________ and ___________ included ___________ suits for plaintiffs to recover _____________ and for return of __________, ___________ prosecutions, and ______________ discipline. Critics say these methods of holding officers accountable are ______________.

Answer 1

search; seizure; civil; damages; property; criminal; administrative; ineffective

Question 2

In Weeks v. U.S., (1914), the Supreme Court ruled that evidence may not be used against a defendant that was ___________ obtained by officers. This ruling established the ____________ _________.

In Mapp v. Ohio, (1961), the Supreme Court ruled that the federal ____________ ___________ applies to ___________ AND __________ court.

Answer 2

illegally; exclusionary rule; exclusionary rule; federal; state

Question 3

The exclusionary rule is more so a ________-__________ remedy than a protection by the 4th Amendment. It’s meant to deter officers/investigators from unreasonable ___________ and __________.

Answer 3

judge-made; search; seizure

Question 4

Entrapment

Answer 4

Defense against criminal charge provided for defendants who were induced to commit crime by govt.

Question 5

Exclusionary Rule

Answer 5

Evidence obtained in violation of unreasonable search and seizure is inadmissible in criminal prosecution.

Question 6

Derivative Evidence

Answer 6

Evidence found as a result of unlawfully seized evidence.

Considered “fruit of the poisonous tree.”

Question 7

Fruit of the poisonous tree

Answer 7

evidence derived from unlawfully seized evidence

Question 8

In Weeks v. U.S., (1914), Freemont Weeks’ home was searched by officers, without a ___________, who found various papers and articles that were turned over to the U.S. ___________. Officers came back to Weeks’ and searched a __________ time, still without a _____________. This time, they recovered lottery tickets and mailing information, which was also submitted to the U.S. Marshall. This evidence was admitted to trial to convict Weeks of mailing lottery tickets which was a ____________ offense.

Weeks sued, saying the search violated his ___th Amendment rights, and petitioned for officers relinquish the lottery tickets and letters back into his control.

Supreme Court ruled in favor of Weeks, reasoning the police’s conduct was completely inconsistent with ___th Amendment guarantees. If a citizens right against unreasonable search and seizure is not protected, the ___th Amendment is pretty much of no use.

Answer 8

warrant; Marshal; second; warrant; federal

4th; 4th; 4th

Question 9

In Wolf v. Colorado, (1949), Julius A. Wolf, Charles Fulton, and Betty Fulton were convicted of conspiracy to _____________ abortions in Denver, Colorado.

In trial court, Wolf objected to the ____________ of evidence used, on the grounds that, if he were tried separately from the co-____________, that evidence would technically be ______________.

Colorado Supreme Court upheld the convictions.

The Supreme Court ruled in favor of Colorado.

The Court reasoned that the security of one’s privacy against unreasonable search and seizure is a _____________ legitimately protected by the ___th Amendment.

HOWEVER, the Court also ruled that the ___th Amendment was not subject to specific _____________. Court reasoned that states may continue to rely on evidence obtained through unreasonable _____________ and ____________ at a state level.

The Court rationalized this by saying the _____________ __________ is not a “_____________ requirement” and that 30 English speaking nations don’t recognize the ___________ _________.

3 judges dissented, one of whom was Justice Frank Murphy, who said the Court’s stance on the __________ ________ should not depend on how many __________ or ___________ adopted the rule.

Answer 9

criminal; admissibility; co-defendants; inadmissible

exclusionary rule; 14th

liberty; 14th

4th; restriction; search; seizure

exclusionary rule; explicit; exclusionary rule

exclusionary rule; states; countries

Question 10

Silver Platter Doctrine

Answer 10

Loophole in exclusionary rule.

State obtains evidence in violation of 4th Amendment, and so the evidence is inadmissible in state court.

However, the state may serve the evidence (on a “silver platter”) to federal court, to be used in a federal proceeding, and the evidence wouldn’t be inadmissible.

Question 11

In Elkins v. United States, (1960), the Supreme Court ruled the ____________ ___________ doctrine is unconstitutional. The Court reasoned that the ruling in Wolf v. Colorado, that the exclusionary rule is protected by the Due Process Clause of the 14th Amendment, makes the ________ __________ doctrine invalid.

Answer 11

silver platter; silver platter

Question 12

Even though some dissenting judges held that the ___________ __________ is an “___________ part” of the 4th Amendment, in Mapp v. Ohio, (1961) the Court at large continued to adopt the ___________ __________ as a ___________-__________ remedy intended to deter police disregard for the fourth amendment.

This essentially establishes that the _____________ _________ is not an “ironclad” ___________, where it has to be applied under the 4th Amendment in EVERY case.

Answer 12

exclusionary rule; essential; exclusionary rule; judge-made

exclusionary rule; rule

Question 13

In Mapp v. Ohio, (1961), an unlawful raid without the proper ____________ warrant, was conducted into petitioner Dollree Mapp’s home, who was suspected of housing a wanted _____________.

The _____________ was found, but the police decided to a little bit more searching around Mapp’s home. Authorities uncovered obscene (1960’s soft-core pornographic literature) content, which the possession of was a violation of §2905.34 of Ohio’s Revised Code for anti-obscenity laws.

Mapp was arrested for possession of lewd content, the evidence was ______________ at trial, and she was convicted.

Mapp appealed her conviction on the basis of ___________ of ____________ from the __st Amendment.

The Supreme Court, in their ruling, brushed aside the petitioner’s ___st Amendment claims, and focused more on the ___th Amendment implications.

Court ruled the obscene content recovered was in violation of the ___th Amendment. The officers had already found the fugitive, which, by the way, they captured on a false warrant. And THEN, they digging around, _____________, to find evidence other than what was the object of the search in the first place.
This is a violation of the right to __________ protected, as are all other __________, by the Due Process Clause of the 14th Amendment.
The evidence was ruled to be ______________.

The _________ ____________ is an “essential ____________” in the protections of the 4th Amendment, any so applies to ___________ just as much as ____________ court.

Answer 13

search; fugitive

fugitive

admitted

freedom; expression; 1st

1st; 4th

4th; warrantless

privacy; liberties

inadmissible

exclusionary rule; ingredient; state; federal

Question 14

Applying the ___________ ___________ merely as a “________-_________” remedy instead of including it among the _______________ protections deprives the citizen of its full ______________.

Answer 14

exclusionary rule; judge-made; constitutional; enjoyment.

Question 15

By and large, the biggest criticism of the exclusionary rule is that it protects the potential ____________ if the search and seizure of evidence was __________, than it does the __________ of the __________’s conduct even though the police actually find ____________ evidence.

Answer 15

wrongdoer; unlawful; victim; wrongdoer’s; incriminating

Question 16

Alternatives to Exclusionary Rule:

Civil Tort Suits:

• suing ________ / _________ govt for damages; incredibly hard to overcome _________ associated w/ levying successful claim against the state; also need adequate _____________ necessary to file suit.

Criminal Prosecution:

• Prosecutors may be _____________ to file charges against police officers for _____________ violations of law.

Police Administrative Procedures:

• Includes, __________, ___________, _____________, termination of ____________. Police administrators are ____________ to resort to administrative procedures like firing because it may lower ___________, especially if the police’s search led to arrest of a dangerous criminal.

Civilian Review Board:

• Panel made up of ___________, __________, trial court ___________, and police _____________ that review suspected cases of __________, and apply penalties ranging from ___________ to _____________. Police are hesitant to rely on such panels involving civilians because civilians may not be aware of the ______________ associated with being an on-duty officer.

Judicial Hearing:

• Judges hold hearings before trail, alongside jury, and decide whether the police’s conduct constituted an _____________ search. Alternative Method: hold hearing ___________ trial, with same judge and jury, and decide whether police’s conduct was _______________. Saves court from inconvenience of gathering _____________. Police are hesitant to impose this method because jury’s decision might be based on whether or not there was a ________________ in the trial.

Answer 16

police; state; barriers; compensation

reluctant; minor

demotion; fines; suspension; employment; reluctant; morale

civilians; lawyer; judges; officials; abuse; fines; termination; pressures

unlawful; AFTER; unlawful; facts; conviction

Question 17

In challenging the reasonableness of a search, first defendant files a motion to ________________.

In challenging the reasonableness of a search, the burden of proof falls on the _________________ when police act based on a _____________, because they have to show that there was a lack of ___________ ___________ by officers on which to conduct the _____________.

Roles are reversed and the burden of proof falls on the _______________ when the officers conduct a ___________ WITHOUT a ___________. This is because the govt now has to prove they were acting on a reasonable ______________ of the warrant requirement.

Answer 17

suppress

defendant; warrant; probable cause; search

prosecution; search; warrant; exception

Question 18

Harmless Error

Answer 18

There’ no reasonable probability that mistaken admission of evidence would influence the overall outcome of the trial.

Error made in trial court would not effect overall trajectory of the verdict. We could go back and amend that mistake but it wouldn’t be a meaningful change.

Question 19

Standing

Answer 19

Defendant’s right to appeal, contesting the legality of a search.

Question 20

In proving the defendant has _____________, the burden of proof falls on the _____________.

Answer 20

standing; defendant

Question 21

In U.S. v. Calandra, (1974), the Supreme Court decided modified the Mapp holding, and held that the ____________ ________ is a _________-__________ remedy.

Answer 21

exclusionary rule; judge-made

Question 22

Balancing Test for Exceptions to the Fourth Amendment:

Additional ____________ gained from excluding evidence from trial (i.e. deterring law enforcement from ____________ 4th Amendment rights)

AGAINST

__________ to society of excluding evidence from trial (i.e. not being able to fully incriminate criminals who commit wrongdoings against __________ / ___________).

Answer 22

deterrence; ignoring

Cost; people; state

Question 23

collateral proceedings

Answer 23

unlawfully seized evidence may be used in court proceedings that are not the formal trial

(includes, preliminary hearings, bail hearings, sentencing hearings, habeas corpus review).

Question 24

In collateral proceedings, police are already deterred from violating fourth amendment because _____________ obtained evidence is _____________ in formal trial when trying to establish criminal ____________. Limiting ______________ obtained evidence from other (extraneous) _______ and _______-trial proceedings wouldn’t do anything more to deter the police.

Answer 24

illegally; inadmissible; guilt; illegally; pre; post

Question 25

Supreme Court has ruled that ___________ obtained evidence may be used in several ________________ proceedings.

Answer 25

illegally; noncriminal

Question 26

Attenuation

Answer 26

there is a causal connection between unlawful search and seizure of evidence.

Attenuation refers to the causal connection between unlawful search and seizure of evidence being weak, such that this connection “dissipates the taint” of illegality.

Question 27

Purging the Taint

Answer 27

aka, dissipating the taint

effect of an attenuated connection between illegal search and seizure of evidence.

Question 28

Circumstances that Purge the Taint

Temporal Proximity

Answer 28

Length of time between illegality by police and interrogation of the defendant weakens the taint.

Question 29

Circumstances that Purge the Taint

Intervening Circumstances:

Intervening (______________) events may _____________ the initial taint.

E.g. In United v. Boone, (1995), Boone was stopped by police. Car was searched and ___________ were found. Officer backed away from car, and Boone took off in his car at high speeds. Boone and Officer were engaged in high-_________ case. During hot pursuit, Boone threw _____________ out of the window of his car. Narcotics were later recovered by police. Boone was convicted, and Supreme Court ruled police’s recovery and admission of _____________ evidence into trial constituted an ______________ connection between police search and seizure of evidence, because Boone voluntarily _____________ the narcotics.

Answer 29

interrupting; attenuate

narcotics; speed; narcotics; narcotics; attenuated; discarded

Question 30

Circumstances that Purge the Taint

Outstanding Warrant:

Outstanding warrant is a type of ____________ _____________ (mentioned prior) that may _____________ connection between ____________ search and ___________ of evidence. In case of Utah v. Strieff, (2016), Utah police were suspicious that narcotics dealings were taking place inside Strieff’s home. One night, as Strieff was leaving his home, police _____________ Strieff and began questioning him. Police dispatched to other officers, and was notified that there was an ________ warrant out for Strieff due to a traffic violation. Officer arrested Strieff, and conducted search __________ to ___________ of Strieff’s car, and found methamphetamine. Strieff was charged for possession of illegal narcotics.

In this case the intervening circumstance was the ____________ arrest __________.

Supreme Court, in 5-3 Majority Opinion, ruled in favor of the Officer, holding that though there was no __________ ___________ to believe illegal narcotics activity was going on in Strieff’s home, the __th Amendment protections of citizens, in this case, wouldn’t be helped or protected by _____________ the evidence of criminal activity found.

Answer 30

intervening circumstance; attenuate; illegal; seizure; stopped; arrest; incident; arrest

outstanding; arrest

reasonable suspicion; 4th; suppressing

Question 31

In Wong Sun v. United States, (1963), police illegally arrested James Toy, in his bedroom at the rear of his laundromat, for possession of illicit narcotics.

Toy ______________ John Yee. Yee then _____________ Toy and Wong-Sun.

All three individuals were arrested for federal narcotics ______________. Wong-Sun was released from jail on his own ______________ (bail paid to get out of jail).

Wong-Sun returned, and voluntarily confessed to the _______________ crimes to the police during interrogation, and provided statements to federal narcotics agents.

The dispositive question in this case was, are the petitioners’ confessions _____________ of the ______________ ___________ (because of the initial illegal arrest), or are they _____________ in court because they ____________ the connection between the illegal arrest and gathering of narcotics evidence?

Supreme Court ruled Toy’s confession implicating Yee was _______ an act of “_________ _______” given that officers broke down the door to Toy’s door and followed him into his bedroom. Toy’s confession was not sufficiently an act of _______ _______ necessary to _________ the taint of the unlawful police invasion.

There was a direct connection between playing upon the ____________ of the police’s invasion into Toy’s bedroom, and the confession that implicated Yee, which led to _____________ narcotics evidence from Yee. Because the discovery of evidence played upon the ______________ invasion, it should be excluded from evidence.

However, the Court held that the connection between Wong Sun’s release from jail, and his subsequent confession were so “______________ as to ______________ the taint.”

Answer 31

implicated; implicated

offenses; recognizance

narcotics

fruit; poisonous tree; admissible; attenuate

NOT; free will; free will; attenuate

illegality; gathering; illegality

attenuated; dissipate

Question 32

In Stone v. Powell, (1976), Justice Bryon White said the police, who are acting in _________ __________ will not be deterred by their evidence found being deemed _______________ at trial. He stated that withholding this evidence would be costly to the ____________ ___________ function of the jury. The exclusionary rule in this case proves to be of little ___________, and, if applied, of great __________.

Answer 32

good faith; inadmissible; fact finding; benefit; cost

Question 33

Good Faith Exception

Answer 33

Exception to Exclusionary Rule

Evidence gathered in violation of the 4th Amendment by police, yet done in an exercise of good faith/intentions, is not inadmissible at trial.

Question 34

In U.S. v. Leon, (1984), Supreme Court recognizes a “_________ __________” exception to the warrant requirement.

Informant notified police that respondent Leon’s home in Burbank, California contained narcotics and large quantities of cash.

Police followed informants information, and ______________ it by setting up surveillance to monitor Leon’s home. The informant turned out to be accurate.

Police obtained an arrest warrant, arrested Leon, found and seized large amounts of ___________ and large quantities of _________.

Leon was convicted on federal drug offenses: conspiracy to __________ and ___________ narcotics. Appellate court ______________ conviction, saying the evidence was gathered illegally, because police relied on invalid arrest warrant; the affidavit (sworn testimony by _________) supporting the warrant failed to establish __________ ____________, and that was only establish SUBSEQUENT to arrest and seizure of evidence.

Supreme Court overruled Appellate Court decision, arguing that the evidence seized by police was _____________. Court reasoned that police’s reliance on the invalid arrest warrant was in _________ _____________.

Court ruled that suppressing evidence based on the ________ of a warrant that (invalidity) was discovered AFTER it had been employed by police doesn’t justify ____________ the evidence.

The test for determining whether an officer is acting in good faith is whether “a well ___________ officer would reasonably know that a search is _____________.”

Answer 34

good faith

corroborated

narcotics; drugs

possess; distribute; overruled; police; probable cause

admissible; good faith

invalidity; excluding

trained; illegal

Question 35

In Massachusetts v. Sheppard, (1985), police wanted to search respondent Osborne Sheppard’s home for evidence of _____________.

Detective Peter O’Malley was only able to obtain a warrant allowing for the search of “____________ _______________.”

A judge gave the officers his word that he would ____________ the warrant to include the officer’s sworn testimony from their affidavit, so that they could search Osborne’s home for evidence of ___________ on __________ ____________.

However the judge never made the necessary ______________ to the warrant. So the officers ended up searching Osborne’s home, on what they thought was a ____________ warrant, and really only had the right to search for ______________ based on an already vague warrant (not even specifying what the narcotics are). Officers uncovered evidence indicative of ______________, but the trial court deemed it ______________.

Supreme Court overruled trial court decision, ruling that officers may _____________ rely on a warrant which a judge ____________ them appropriately authorizes them to search for the things they requested. The evidence therefore is admissible.

Answer 35

homicide

“controlled substances”

modify; murder; probable cause

alterations; modified; narcotics; homicide; inadmissible

reasonably; advises

Question 36

Illinois v. Krull, (1987), decided that evidence illegally ___________ may be admissible in court where the officer relied upon a ____________ to justify gathering the evidence. Officers are not expected to question the _____________ of legislators in making a statute.

Answer 36

obtained; statute; judgement

Question 37

Heien v. North Carolina, (2014), decided that illegally obtained evidence is ____________ in court where the officer had an (incorrect but) ____________ interpretation of a _____________ that led him to gather the evidence unlawfully.

Answer 37

admissible; reasonable; statute

Question 38

In Arizona v. Evans, Officer Sargent pulled over Isaac Evans for driving the wrong way on a one way street.

Officer Sargent’s squad car computer erroneously ____________ that Evans was wanted in an outstanding arrest _________ for a ____________.

Officer Sargent then arrested Evans based on the outstanding warrant, even though the warrant had been reversed 17 prior.

During a search of Evans’ car __________ to ____________, the officer uncovered a large bag of marijuana beneath the driver seat.

Supreme Court deemed the marijuana evidence admissible, given that the search and seizure was based on the computer’s notice of an ______________ arrest warrant. Even though the warrant had been reversed, it doesn’t detract from the fact that it was ________________ relied upon by the police. Court ruled errors like these are miniscule and would not deter officers from making similar mistakes in the future.

Answer 38

indicated; warrant; misdemeanor

incident; arrest

outstanding; reasonably

Question 39

In Illinois v. Rodriguez, (1990), Gail Fischer notified police that she had been domestically abused by her partner Edward Rodriguez.

Fischer took police to Rodriguez’s apartment, and in plain view were _____________. The police seized the narcotics and arrested Rodriguez.

Trial Court deemed the evidence inadmissible because Fischer didn’t have _____________ authority (having joint access to property as primary property owner for the most purposes) which is ________-_________ requirement. The court ruled she didn’t have “___________ access for most purposes.”

Supreme Court overruled, and said evidence was admissible, because the police _____________ believed Fischer was a party of ______________ authority (even though she was just a party of _____________ authority).

Answer 39

narcotics

common; third-party; common

reasonably; common; apparent

Question 40

In Herring v. United States, (2009), Bennie Dean Herring went to the Coffee County Police Department, to retrieve an item from his impounded truck.

Officer Anderson observed what Herring was doing, aware that Herring has had run-ins with law enforcement in the past before.

Anderson asked Officer Pope to find out if there are any potential ______________ arrest warrants out for Herring. Pope contacted Officer Sharon Morgan in Dale County. Morgan confirmed that there was an _____________ warrant for Herring’s arrest, based on failure to appear in court for ___________ charges.

Anderson, alongside another officer, followed Herring on road, pulled him over, arrested him based on the outstanding warrant mentioned by Officer Morgan, conducted a search _____________ to _____________, and found methamphetamine under the seat of the vehicle.

However, there was a mistake! The ______________ warrant for Herring’s arrest was revoked 5 months _____________. It was because of police ______________ to update the status of their computer system that there was still a warrant under Herring’s name. Once Morgan realized this, she sent word to Pope, who radioed Anderson over a secure radio. But, by that time, Herring had already been arrested and guns and drugs had already been found.

Herring argued in District Court that the guns / drugs recovered from his vehicle were _______________ since the search _____________ to _____________ was based on a _____________ warrant.

The Middle District Court of Alabama ruled that evidence was ________________, because the officers had _______________ relied on the computer system that they (reasonably) _______________ was correct.

The Supreme affirmed the District Court ruling, and said records keeping errors are not _______________ from the exclusionary rule.
Just because there is a ___th Amendment violation does not automatically trigger the ____________ __________.
The __________ ____________ exception established that officers may rely on an ____________ search warrant that was ________________ to rely on.
These record keeping errors were uncommon and not at all ______________, and if they were then there would grounds to use the exclusionary rule. This is an _____________ incident, where officers ______________ relied on the record keeping police computer system. Decision in favor of the Police Department (U.S.).

Answer 40

outstanding; outstanding; felony

incident; arrest

outstanding; earlier; negligence

inadmissible; incident; arrest; rescinded

admissible; reasonably; thought

immune; 4th; exclusionary rule; good faith; invalid; reasonable; widespread; isolated; reasonably

Question 41

Independent Source Doctrine

Answer 41

Exception to Exclusionary Rule

evidence found through unlawful means, if it isalso found through lawful means, is admissible, since the evidence can be found through an independent source.

Question 42

Inevitable Discovery Rule

Answer 42

Exception to the Exclusionary Rule

evidence that results from the 4th Amendment violation is admissible in court if it can be proven (by a preponderance of evidence (51%)) that the evidence would’ve been inevitably discovered in lawful fashion.

Question 43

Impeachment

Answer 43

(Unlawfully obtained evidence maybe used in) Questioning witnesses’ credibility during cross examination.

Question 44

Example of Impeachment:

Defendant testifies that he’s never been in possession of child pornography.

During cross examination, the prosecution could _____________ evidence of child pornography obtained from the defendant’s home.

Answer 44

present

Question 45

The Supreme Court said that the exclusionary rule CANNOT serve as a ____________ for criminal defendants who would use it as a means to _________ during trial and not be confronted by the prosecution, where their ____________ may be ______________.

Answer 45

shield; lie; untruths; contradicted

Question 46

Entrapment

Answer 46

Government inducement of an otherwise innocent individual to commit a crime.

Question 47

A claim of _______________ is an ____________ defense, claiming the govt induced the defendant to commit crime.

The burden of proof falls on the _____________ to prove that _____________ was present in the case.

The burden of proof falls on the ______________ to prove that the state did ______ not employ ________________ methods.

Answer 47

entrapment; affirmative

defendant; entrapment

prosecution; NOT; entrapment

Question 48

There is a _____________ and ______________ test for entrapment. The ______________ test is used in the majority of jurisdictions, whilst the _____________ test is used in a minority.

Answer 48

subjective; objective; subjective; objective

Question 49

Subjective Test for Entrapment

Answer 49

Asks…
Was the criminal already “predisposed” to committing crime?

OR

Did the criminal commit the crime because of the creative activity of the govt that induced him to commit crime?

Question 50

The subjective test basically asks, “_______ ________ the actions of the ________________, would the defendant have committed the crime?”

Answer 50

but for; government

Question 51

First step in identifying whether an ______________ claim can be made is determining whether or not the government ___________ one to commit a crime. An _________ to commit crime is just an __________; that does not count as ____________ someone to commit a crime. Circumstances that might indicate _____________ include the undercover agent’s desire for friendship / companionship, making ____________, eliciting __________ favors, etc.

Answer 51

entrapment; induced; offer; offer; inducing; inducement; promises; sexual

Question 52

Second step in identifying whether an _______________ claim can be made is determining whether or not the defendant is already ______________ to commit crime. This assumes the defendant is __________ to commit crime _____________ influence from the government.

Answer 52

entrapment; predisposed; ready; WITHOUT

Question 53

Objective Test for Entrapment

Answer 53

Police conduct in particular cases that falls below standards to which common feelings respond, such that a person who would not normally commit crime is now induced to do so.

Question 54

In the objective test for entrapment, the central component in determining whether there was _____________ is the ______________’s conduct rather than the ______________ of an individual to commit crime.

Answer 54

entrapment; government’s; predisposition

Question 55

Due Process Test for Entrapment

Answer 55

entrapment defense for constitutional violations.

The govt’s conduct was so unfair and so outrageous that it violates the Due Process Clause of the 5th and 14th Amendment.

Question 56

Under subjective test, burden of proof is on defendant to establish the the fact of _______________. Burden of proof shifts to prosecution to prove that the defendant already had a ______________ to commit crime.

Under the objective test, the burden of proof of evidence of ______________ is on the _______________. He has to prove that there was ______________ based on a ______________ of evidence, which is more than 50%.

Answer 56

inducement; predisposition

entrapment; defendant; entrapment; predominance

Question 57

In Jacobson v. United States, (1992), petitioner 56 yr old Keith Jacobson ordered Bare Boys I and II from a California adult bookstore.

During the time it was _________ to have pornographic ____________ of pre-teen and teen males.

Petitioner was startled when he saw pre-teen and teen boys in the magazine. He was expecting nude images of males _____ and older.

Then Congress passed the Child Protection Act in 1985, prohibiting and criminalizing the mailing of ______________ literature depicting ____________ engaging in any sexual activity.

Postal Service Investigators for the government found petitioner’s name on a mailing list for the Bare Boys magazines from the California Bookstore.

The govt began interacting with petitioner through a series of _____________ organizations like “The American Hedonist Society,” “Midlands Data Research,” “Heartland Institute of a New Tomorrow,” etc.

The basic philosophy of these false, govt made, organizations were to promote sexual _____________, eliminate the “age of __________” and do away with ___________ regulating sexual activity except for rape.

To many of these organizations, petitioner relayed his sexual __________ in questionnaires and surveys, indicating he had an average interest in pre-teen homosexual sex, but was opposed to ________________.

In the ____ and half years that the govt had constantly made up organizations and contacted petitioner, they found no evidence that he had been exposed to ____________ pornography.

In 1987, the govt posed as the “Far Eastern Trading Company Ltd.,” which promised to keep the govt’s __________ eyes out of the mailing of _______________ that viewers were interested in. All petitioner had to do was sign a form saying he’s not a govt agent looking to ___________ anyone. Petitioner signed, gave his preference for male-male pre-teen porn.

He was sent a magazine titled “Boys Who Love Boys,” illustrating young pre-teen boys engaging in sexual activities.

Petitioner was arrested after the delivery of the magazine, in violation of the Child Protection Act of 1984.

The dispositive question is whether or not the petitioner was ________________ to commit the crime of order _________ porn through the mail.

Writing for the majority, Justice White said the question is not whether the govt _____________ the petitioner. That much has been made clear – the govt definitely tried to get petitioner to commit crime.

However, there’s no indication that he was _____________ to commit crime. We can’t derive from someone’s mere sexual ___________ or _____________ that they’re ready to order __________ porn over the mail.

We can’t justify any potential _______________ based on the petitioners _____________ for these fictitious organizations striving for broader sexual freedom.

The petitioner was only ____________ and ____________ to commit crime AFTER ___ and 1/2 years of the govt bothering him with all these advertisements and brochures, enticing him to commit crime.

Therefore, petitioner was not _____________ to commit crime.

Answer 57

legal; literature

18

pornographic; children

fictitious

freedom, consent; legislation

taste; pedophilia

2; child

prying; pornography; entrap

predisposed; child

induced

predisposed; taste; inclinations; child

predisposition; support

ready; willing; 2

predisposed