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Question 0

What are the two types of fraud that can lead to consent issues?

Answer 0

• fraud in the factum

- fraud in the inducement

Question 1

Can fraud in the factum ever lead to consent?

Answer 1

No

Question 2

What is an example of fraud in the factum?

Answer 2

The doctor having sex with the patient and telling her it’s an operation

Question 3

If you have sex with someone by pretending to be their husband, what does that do?

Answer 3

Makes the consent invalid, and you have committed rape

Question 4

What is fraud in the inducement?

Answer 4

Misrepresentation about the benefits to be expected from a proposed act

Question 5

Can fraud in the inducement ever create consent?

Answer 5

Yes

Question 6

What is an example of fraud in the inducement?

Answer 6

Falsely promising to marry someone so they will have sex with you

Question 7

What is entrapment?

Answer 7

Defense that the criminal act was the product of police action and not the intended result of the defendant

Question 8

What are different ways that police can unfairly induce a defendant to commit a crime, and thus entrapment occurs?

Answer 8

• multiple requests
• forcing a personal relationship
• appealing to personal considerations
• representing benefits
• assisting in procuring contraband or planning details

Question 9

Is the defense of entrapment available if the defendant is charged with a heinous or revolting crime?

Answer 9

Maybe not

Question 10

What are the elements of entrapment?

Answer 10

• inducement by government official or informant
• defendant was not predisposed to commit a crime, or
• Government conduct would’ve induced a law abiding person to commit a crime

Question 11

Entrapment must be committed by whom?

Answer 11

An officer/agent or someone knowingly acting on an officer’s behalf

Question 12

According to the MPC, when is entrapment not available?

Answer 12

• when causing bodily injury is an element of the offense charged
• the prosecution is based on conduct causing/threatening such injury to a person other than the person perpetrating the entrapment

Question 13

What are three types of entrapment?

Answer 13

• private entrapment
• vicarious entrapment
• derivative entrapment

Question 14

What is private entrapment?

Answer 14

When a private person, on his own will, induces another to commit a crime

Question 15

Is private entrapment considered criminal?

Answer 15

No, because it was induced from a private person, not a government official

Question 16

What is an example of private entrapment?

Answer 16

If a PI ensnares a lot of people, that is just criminal solicitation, not entrapment

Question 17

What is vicarious entrapment?

Answer 17

A private individual is induced by an undercover cop to get someone else to join in a scheme

Question 18

What is the important caveat for vicarious entrapment?

Answer 18

The middle man must pass on the inducement in its unaltered form

Question 19

What is derivative entrapment?

Answer 19

An undercover officer uses an unsuspecting middle man to pass on an inducement to a distant target

Question 20

Who can use the entrapment defense in a derivative entrapment situation?

Answer 20

The distant target

Question 21

If the middle man in a derivative entrapment situation didn’t know what was happening, does that stop the entrapment?

Answer 21

No

Question 22

What is the caveat for derivative entrapment?

Answer 22

The inducement must be the same one, and directed at the same target that the government intended

Question 23

What are the two approaches to entrapment?

Answer 23

• predisposition

- Government inducement

Question 24

What is the majority approach to entrapment?

Answer 24

Pre-Disposition

Question 25

If you are predisposed to commit a crime, and cops offer you an opportunity to commit it, has entrapment been committed?

Answer 25

No, police must have instigated the crime by originating the criminal plan and you must not have been likely to have done it otherwise

Question 26

What is the two-step test for predisposition for entrapment?

Answer 26

1. Was the offense induced by a government agent? | 2. Was D predisposed to commit the crime?

Question 27

What does it mean to be predisposed to commit a crime?

Answer 27

Ready and willing to commit the crime when the opportunity presents itself

Question 28

If the defendant was predisposed to commit the type of offense, can entrapment be a defense?

Answer 28

No

Question 29

If the government constructs a crime in the beginning to the end and would've induced a law abiding person to commit the crime, has there been entrapment?

Answer 29

Yes

Question 30

What are the factors to consider when deciding if predisposition was present for entrapment?

Answer 30

- character/reputation of D - prior criminal behavior - statements about D's attitude toward the offense - D's motive - if crime was suggested by government - D engaged in activity for profit - D's reluctance was overcome by persuasion - nature of the inducement by government

Question 31

The government inducement approach to entrapment is what kind of view?

Answer 31

Minority and MPC

Question 32

What is the government inducement approach to entrapment?

Answer 32

Entrapment happens when the offense is induced by persuasion that creates a substantial risk the offense will be committed by people that were not predisposed

Question 33

Is the government inducement approach a valid defense even if the defendant was predisposed to commit the crime?

Answer 33

Yes, if the police conduct was so outrageous it can't be condoned by the court

Question 34

What is an example of the government inducement approach to entrapment?

Answer 34

If an officer repeatedly offers to sell D drugs when he knows he's a recovering addict, and D eventually succumbs

Question 35

Why do defense lawyers prefer the government inducement test for entrapment?

Answer 35

Because the focus is on the government's misconduct so evidence of defendant's prior criminal conduct cannot be introduced

Question 36

What is the rationale for the government inducement approach to entrapment?

Answer 36

The courts have a duty to control police excesses and intrusions into the lives of citizens