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A valid entrapment defense has two related elements: [45] government inducement of the crime, and; the defendant's lack of predisposition to engage in the criminal conduct. The federal entrapment defense is based upon statutory construction, the federal courts' interpretation of the will of Congress in passing the criminal statutes.
Entrapment by estoppel: In American criminal law, although "ignorance of the law is no excuse" is a principle which generally holds for traditional (older common law) crimes, courts sometimes allow this excuse as a defense, when defendant can show they reasonably relied on an interpretation of the law by the public official(s) charged with ...
Entrapment provisions apply to actions of government informers as well as agents Byrd v. Blue Ridge Rural Electric Cooperative, Inc. 356 U.S. 525 (1958) application of the Erie doctrine: Ellis v. United States: 356 U.S. 674 (1958) Due Process, in forma pauperis United States v. Procter & Gamble Co. 356 U.S. 677 (1958) The secrecy of Grand jury ...
Jacobson v. United States, 503 U.S. 540 (1992), is a case decided by the United States Supreme Court regarding the criminal procedure topic of entrapment.A narrowly divided court overturned the conviction of a Nebraska man for receiving child sexual abuse material through the mail, ruling that postal inspectors had implanted a desire to do so through repeated written entreaties.
Sorrells v. United States, 287 U.S. 435 (1932), is a Supreme Court case in which the justices unanimously recognized the entrapment defense. However, while the majority opinion by Chief Justice Charles Evans Hughes located the key to entrapment in the defendant's predisposition or lack thereof to commit the crime, Owen Roberts' concurring opinion proposed instead that it be rooted in an ...
Jury instructions regarding the right against self-incrimination and refusal to testify Stump v. Sparkman: 435 U.S. 349 (1978) Judicial immunity Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. 435 U.S. 519 (1978) Judicial deference to government agencies Frank Lyon Co. v. United States: 435 U.S. 561 (1978)
Legal jurisdictions which provide for apparent authority include the United States, the United Kingdom, Australia, Canada and South Africa.The doctrine of apparent authority is based on the concept of estoppel, thus, it prevents the principal from denying the existence of agency to a third party, provided that a representation, as to the agent's authority, has been made by him to the third ...
Sherman v. United States, 356 U.S. 369 (1958), was a United States Supreme Court case on the issue of entrapment.Unanimously, the Court overturned the conviction of a recovering New York drug addict who had been repeatedly solicited for drug sales by a fellow former addict who was working with federal agents.