Entrapment

Question 1

Entrapment Subjective Test

Answer 1

• Majority and federal view
• Focus on predisposition of D to commit the act alleged
• applies only if the accused has no predisposition to commit the crime but did so due to inducement of gov agencies
• Predisposition must exist prior to gov’s initial contact with D
• mere inclination is not enough

Question 2

Entrapment

Answer 2

1) D must prove government inducement
2) Government must prove that D, prior to the initial government contact, was predisposed to commit the crime for which he was charged

Question 3

Federal entrapment standard

Answer 3

Did a police officer create the intent to commit the crime in the mind of a persons who was not predisposed to commit it? 
Crucial issue: predisposition 
Who decides: jury
Evidence of predisposition: admissible
BOP: prosecution

Question 4

Inducement examples

Answer 4

1) intimidation or threats against D’s family
2) called every day, threatening D, belligerent
3) forceful solicitation and dogged insistence
4) played upon D’s sympathy for informant’s common narcotics experience and withdrawal symptoms
5) repeated suggestions which succeeded only after D lost job and needed money for food and rent

Question 5

Predisposition

Answer 5

• a state of mind which readily responds to the opportunity furnished by the officer or his agent to commit the forbidden act
• an accused’s character, reputation, and past criminal conduct are all relevant to the determination whether or not he or she was entrapped