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ENTRAPMENT - A CRITICAL DISCUSSION

NCJ Number
8264
Journal
Missouri Law Review Volume: 37 Issue: 4 Dated: (FALL 1972) Pages: 633-659
Author(s)
R CARRON
Date Published
1972
Length
27 pages
Annotation
THE PROFILE OF THE DEFENSE OF ENTRAPMENT AND SOLUTIONS OFFERED FOR SOME OF ITS ATTENDANT PROBLEMS IN MISSOURI AND IN FEDERAL COURTS.
Abstract
THE DEVELOPMENT OF THE LEGAL STANDARDS ON THIS DEFENSE IS TRACED IN BOTH MISSOURI AND THE SUPREME COURT. DIFFERENT ELEMENTS IN THE DEFENSE, INCLUDING PARTICIPATION BY A GOVERNMENT AGENT AND INDUCEMENT OR OVERREACHING, ARE ANALYZED. THE OBJECTIVE AND SUBJECTIVE TESTS FOR ENTRAPMENT ARE COMPARED. IN THE OBJECTIVE TEST, ONLY THE NATURE OF POLICE ACTIVITY IS EXPLORED. UNDER THE SUBJECTIVE TEST, EVIDENCE OF THE ACCUSED'S CONDUCT AND PREDISPOSITION TOWARDS CRIME ARE CONSIDERED. THE AUTHOR CONCLUDES BY PROPOSING THAT THE OBJECTIVE TEST BE ADOPTED BY STATE STATUTE.

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