Drugs

Question 1

What are the 2 ways to prove possession?

Answer 1

1) Actual Possession

2) Constructive Possession

Question 2

What are the 2 elements of constructive possession?

Answer 2

Must have POWER and INTENT to exercise control over the drugs
Power can be inferred from access
Intent can be inferred from circumstantial evidence

Question 3

What are the 2 standards of review for sufficiency of the evidence (as applied to drug possession)?

Answer 3

Pigford Standard: Was the evidence sufficient to allow a rational juror to find guilt beyond a reasonable doubt
Kier Standard: The evidence must not only be consistent with a conclusion of guilt but must exclude all other reasonable hypotheses

Question 4

What are the elements of a complete entrapment defense? Who has the burden of proof?

Answer 4

D has the burden of proof (evidence must be patently clear)
D was induced to commit the crime by a government agent and prior to contact with the government agent, D was not predisposed to commit the crime

Question 5

What is sentencing entrapment?

Answer 5

When D was predisposed to commit the crime but law enforcement encouraged them to commit a greater offense that they were not predisposed to commit