ENTRAPMENT IN THE FEDERAL COURTS - SUBJECTIVE TEST REAFFIRMED AGAINST LOWER COURT DEPARTURES (FROM CRIMINAL JUSTICE SYSTEMS REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)

• NCJ Number: 30773
• Author(s): ANON
• Date Published: 1974
• Length: 13 pages
• Corporate Author: William S Hein and Co, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE SUBJECTIVE THEORY OF THE ENTRAPMENT DOCTRINE FOCUSES ON THE PRIOR RECORD AND PREDISPOSITION OF THE DEFENDANT; THE OBJECTIVE THEORY EXAMINES THE CONDUCT OF THE POLICE AND ITS LIKELIHOOD FOR ENTRAPPING ONLY WILLING OFFENDERS.

Abstract

THIS ARTICLE CITES SEVERAL COURT DECISIONS IN ITS DISCUSSION OF THE SUPREME COURT'S PRESISTENCE IN AFFIRMING THE SUBJECTIVE 'GENESIS OF INTENT' TEST TO PROVE ENTRAPMENT IN A CRIMINAL CASE IN THE FACE OF LOWER FEDERAL COURT DECISIONS UPHOLDING THE 'OBJECTIVE' THEORY.