Crim Law Defenses:Entrapment:The "subjective" test looks at the defendant's state of mind; entrapment can be claimed if thedefendant had no "predisposition" to commit the crime. The "objective" test looks instead at thegovernment's conduct; entrapment occurs when the actions of government officers would havecaused a normally law-abiding person to commit a crime.
Jacobson v. United States
(1992): entrapment. Guy ordered child pornography magazines beforeit was illegal. Nebraska then kept sending the guy child pornography. Guy eventually boughtsome. Entrapment? Yes.Entrapment: would a reasonable person be swayed?Difficult case: addict goes to a program for five years and is now clean. Government comes tohim with drugs and swindles him into buying the drugs.Entrapment holds if all three conditions are fulfilled:The idea for committing the crime came from the government agents and not from the personaccused of the crime.Government agents then persuaded or talked the person into committing the crime. Simplygiving someone the opportunity to commit a crime is not the same as persuading them to committhat crime.The person was not ready and willing to commit the crime before interaction with thegovernment agents.Objective test for entrapment:
People v. Moore
: guy sold pills to undercover agent at gas station after being contacted by theagent. Lack of police supervision over informant, pressure the informant exerted on the guy,exploitation of the friendship? Nope.Relationship: exploiting a close relationship can be very relevant.Would you otherwise not commit the crime? Then examine. Inappropriate conduct by thegovernment (exploiting human vulnerability)?Confidential informant: how to make sure informants (usually criminals) act properly and do
foster further crime? “If you fink on everybody else”=witness protection. Use the
confidential informant to develop probable cause for a search or seizure! Arrest and then use pleabargains to sting more crooks! Never compromise the informant. Is the relationship between the
informant and the government a contract? Usually, with consideration being the informant’s life.