I. Introduction
• Entrapment is an act where the legal officers compel, aperson to commit an offense.
II. Sherman v. the United States
a) Facts
• The case involved Sherman as the petitioner and the US government.
• It was argued on January 16, 1958, and it was decided on May 19th, 1958.
b) Issues
• The petitioner was arrested after making other three independent narcotic transactions.
• Sherman pleaded entrapment by the government.
• the appellate court overturned claimed Sherman was entrapped
c) Decision
• The district court affirmed that Sharman was not coerced to the informer proposals.
• The appellate court found proved that the informer beguiled the petitioner.
d) Reasoning
• There was no evidence that they were related to drug trafficking.
• The government was found guilty for the petitioner’s relapse to drug use.
III. Case number two: Jacobson v. UNITED STATE
a. Facts
• Jacobson bought two magazines about teenage pornography although it was not illegal.
• The defendant claimed that he expected the contents of the magazines to be of 18 years and above.
b. Issues
• Jacobson was arrested purchasing two magazines distributed by the government.
• The defendant pleaded the government entrapment at his trial.
c. Decision
• The government failed to prove that the defendant waspredisposed to commit an offense.
• The defendant appealed that he was predisposed to act when it was not illegal.
d. Reasoning
• The government did not prove that Jacobson was predisposed to commit an offense.
• The government was wrong because it designed a crime and inducing an innocent mind into an offense.
e. Dissecting opinions
• The government failed to prove that Jacobson had committed about to undertake to commit a crime.
• The government designed crime and dragged an innocent mind into the offense.
IIII. Case number three: Hampton v. the United States
A. Facts
• The case was argued on 1st December 1975 and decided on 27, April 1976.
• The district court convicted the defendant because of selling heroin which was supplied by DEA informant.
B. Issues
• The government supplied the defendant with the contraband in the process of investigation which denied him the due process.
• Secondly, the case involves two independent sales to the DEA agents.
• The case involves two independent sales to the DEA agents.
C. Decision
• The case involved selling the controlled substances to the DEA agents.
• The defendant argued that he was unaware that he was selling a heroine.
• The court of appeal affirmed that Hampton conviction and rejected his claim.
D. Reasoning
• The court argued the defendant failed to prove that he was entrapped.
• The defendant argued he was denied the due process.
E. Dissenting opinion
• The probable cause of the defendant parking at the street light
V. Questions
1. Probably, the defendant was waiting for someone to supplying him with items
• The validity of the entrapment defense
2. Yes, the government had no proof that the defendant waspredisposed to commit the offense
• The government designed the offense and beguiled an innocent mind into performing the offense.
3. Whether an opportunity is the same as entrapment
• No, because an opportunity involves a person who was predisposed to perform a criminal act.
4. In case the substance was marijuana
• Misdemeanor arises when an individual is holding less than 28.5 grams of marijuana
• A felony arises when the defendant possesses 1 kg and above.
VI. Conclusion
• Entrapment becomes valid when a defendant that “helacked the predisposition to perform an offense” and “the government designed a crime.
- Address the following in 1,250–1,500 words:
- Research and provide 2–3 case briefs on specific case law related to the entrapment defense as it may or may not apply in the case scenario.
- Your case briefs should follow this format:
- Title: Title of the selected case
- Facts: Summary of the events, court timeline, evidence, and so forth
- Issues: Issues that were present in this case
- Decisions: The court’s decision and the conclusion to the case
- Reasoning: The rationale behind the final decision
- Dissenting opinions: Any dissenting opinions, and an explanation of what they were and why they were raised
- Your case briefs should follow this format:
- Answer the following questions:
- Did you have probable cause to approach the defendant while he was parked at the traffic light? Why or why not? Defend your answer.
- Do you feel that the entrapment defense is a valid one, considering the assignment scenario? Why or why not? Defend your answer.
- Is providing the opportunity for someone to commit a crime the same as entrapment? Why or why not?
- If the substance were marijuana, how much would be needed for a misdemeanor charge? A felony?
- Be sure to reference all sources using APA style.
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