NCJ Number
25284
Journal
Criminal Justice Quarterly Volume: 1 Issue: 4 Dated: (FALL 1973) Pages: 233-241
Date Published
1973
Length
9 pages
Annotation
A STUDY OF THE CRITERIA FOR AN ENTRAPMENT DEFENSE AS SET FORTH IN RUSSELL, INCLUDING THE REQUIREMENTS REGARDING THE USE OF GOVERNMENT AGENTS AND GOVERNMENT ACTIVITY IN THE CRIME.
Abstract
ENTRAPMENT IS WIDELY RECOGNIZED AND GENERALLY ACCEPTED AS A PERMISSIBLE DEFENSE TO A CRIMINAL PROSECUTION. THE RUSSELL CASE HAS TEMPORARILY, AT LEAST, ABATED THE DEBATE OVER WHETHER THE ISSUE SHOULD BE TRIED TO THE COURT OR THE JURY. ALTHOUGH THAT DECISION APPLIES SOLELY TO THE FEDERAL COURTS, THE ENTRAPMENT DECISIONS OF THE SUPREME COURT HAVE BEEN ACCORDED GREAT PRECEDENTIAL VALUE BY STATE COURTS. HOWEVER, STATE COURTS AND LEGISLATURES SHOULD BE AWARE OF THE FACT THAT IMPROVEMENTS CAN BE MADE IN THE IMPLEMENTATION OF THE DEFENSE OF ENTRAPMENT AND THEY SHOULD STAND READY TO IMPROVE THE DEFENSE IF NECESSARY. (AUTHOR ABSTRACT)