Entrapment Flashcards
1
Q
Entrapment has 2 parts:
A
1) Defendant shows the govt. induced him.
2) Govt. shows the defendant was predisposed.
2
Q
Inducement
A
- soliciting, initiating, or suggesting the commission of a crime by persuasion.
3
Q
Permitted Inducements
A
- deception
- decoys
- money (reasonable amounts)
- assistance
**none of these violate due process
4
Q
Prohibited Inducements
A
- sympathy
- money (large unreasonable amounts)
- pressure phone calls
- violence
**violate due process
5
Q
Predisposition
A
- readiness and willingness to break the law
- defendants “state of mind” BEFORE committing crime
6
Q
Way to prove disposition:
A
- bad acts (prior uncharged crimes)
- prior convictions/arrests
- statements (bragging)
- ready acceptance (jumps at opportunity)