Entrapment

Policies

  1. For & Against Entrapment
    1. Imp. 2 have it 2 fight crimes
    2. But concerned about law abiding cop turning into crim.

Stand.

  1. D Broke Law B/C Govt Induced
    1. Reqt
      1. No 4th but need something like articulable suspicion (Jacobson)
    2. Convict If Govt Proves Beyond Rsbl Doubt
      1. D subj'ly was predisposed 2 commit crime
      2. Before 1st X govt approached
    3. Evid. 2 Use
      1. D's behav. before govt's approach
        1. Prior arrest / conviction in same behav.
        2. Gen. behav. & other contrabands
      2. D's behav. after govt's approach
        1. Accepts govt's bait promptly / not
    4. D's Defense 2 Entrapment
      1. Compl. if can prove that wouldn't have done it except 4 cop's axn

NOTE: EXCL RULE ONLY APPLIES 2 4TH IN REALITY & IS UNSETTLED 4 5TH

Excl. Rule: Remedy 4 4th, 5th, & 6th Amend.

Excl Rule

  1. Remedy 4 4th, 5th, 6th Viol. (ONLY 4 CLASS PURPOSES!!!!!)
    1. Evid. / fruits seized in viol. can't B used in trial (Weeks, Mapp)
    2. All / nothing rule
  2. Rsns 4 & Against Excl Rule
    1. Rsns 4 Excl. Rule
      1. Necessity / only effective remedy
      2. Jud.'l integrity
      3. Deter rationale
    2. Rsns Against Excl. Rule
      1. Allows crim. 2 go free
      2. Not sure if deters
  3. Exceptions 2 Excl. Rule 2 Admit Fruit Even If Viol.
    1. Too attenuated link based on totality of circ's
      1. Length of X
      2. Intervening factors
      3. Purposeful misconduct by cop
      4. Live W testimony (Ceccolini)
    2. Indep. source (Crews, Murray)
      1. Free will by live W
      2. Link preceding illegal srch
      3. Genuine indep. source, then not matter if some intermix 2 get fruit
    3. Evid. would inevitably have been discov'ed
    4. Good faith where officer acted in obj'ly rsbl reliance on facially valid warr. Unless
      1. Affiant misled judge
      2. Mag. abandoned role
      3. Affidavit lacked any indicia of p/c
      4. Obvious facial deficiency w/warr. (like partic. reqts)

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12/5/1996

Ms. Haeji Hong

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