Criminal Justice

Paper Summary:

This paper discusses the major issues surrounding entrapment defense strategies on the part of a defendant. It particularly examines the objective/subjective and the predispositional approaches to the interpretation of entrapment by the different states. It uses the outcome of a single hypothetical case as a reference for either approach, and shows the outcome to vary depending on a state's case law and precedent.

From the Paper:

" Criminal Justice-Objective/Subjective In the case of the undercover female office arresting a male defendant for distribution of cocaine, in an objective/subjective entrapment state, a preponderance of evidence must be presented by the defendant illustrating excessive inducement on the part of the state. The danger for the defense in attempting to establish entrapment, especially by implicating the state as being somewhat complicit in the crime, is that the results are often the same regardless of the defense: "The controversy over the two versions of the test-the subjective and objective-is quite beside the point, because the two tests will virtually never lead to different results". However, in an objective entrapment state such as Washington, the defendant in this case may have a valid defense in that the plaintiff appears to have crossed the line of civil propriety."

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