NCJ Number
147989
Journal
Journal of Criminal Law and Criminology Volume: 83 Issue: 4 Dated: (Winter 1993) Pages: 1055-1097
Date Published
1993
Length
43 pages
Annotation
This article demonstrates that traditional approaches to the entrapment defense are either unworkable in practice or unjust in result.
Abstract
The discussion begins by describing the concept of the sting operation and its variations throughout law enforcement. The author examines the subjective and objective approaches to determine entrapment, and the unique problems that reverse sting poses for the entrapment issue. The analysis concludes that current methods of determining entrapment are unworkable, and a new strategy is needed. This article offers a proposal that balances governmental impropriety against offender predisposition. Under this proposal, the defendant can raise the entrapment defense only when some type of governmental impropriety is present. Once so found by the court, evidence of the improper action would be submitted to the jury, along with facts relating to the defendant's predisposition to commit the offense. The jury would then be charged with finding entrapment if the government's improper behavior outweighed the defendant's proclivity to engage in the misconduct. Footnotes