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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 ...
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 ...
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 ...
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.
Collateral estoppel as applied to the same factual situation in criminal trials, double jeopardy: Ashe v. Swenson: 397 U.S. 436 (1970) Same as in Waller v. Florida, above Walz v. Tax Commission of the City of New York: 397 U.S. 664 (1970) Tax exemption for churches Rowan v. U. S. Post Office Dept. 397 U.S. 728 (1970)
Hampton v. United States, 425 U.S. 484 (1976), is a United States Supreme Court decision on the subject of Entrapment.By a 5–3 margin, the Court upheld the conviction of a Missouri man for selling heroin even though all the drug sold was supplied to him, he claimed, by a Drug Enforcement Administration informant who had, in turn, gotten it from the DEA.