Entrapment Archives

Categories: Defenses, Entrapment

Summary

An entrapment defense applies only when the conduct of law enforcement or its agent was likely to induce a normally law-abiding person to commit the offense. Perverted Justice is a forum that brings to light the effects of the Internet…

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Name: U.S. v. Williams

Case #: 06-50599

Opinion Date: 11/06/2008

Categories: Defenses, Entrapment, General Principles, Jury Instructions

Summary

To establish the defense of entrapment, a defendant must show undisputed evidence that an otherwise innocent person was induced to commit a crime by a government agent's trickery, persuasion or fraud. The defense fails if the defendant has a predisposition…

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Name: People v. Chacon

Case #: B164649

Opinion Date: 04/14/2004

Categories: All Other Crimes, Crimes, Defenses, Entrapment

Summary

Appellant was a member of city council, who was interested in becoming the city manager. She voted with other city council members to change a city ordinance which would have prohibited her from doing so. She consulted with the City…

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Name: People v. Smith

Case #: S108309

Opinion Date: 12/22/2003

Categories: Defenses, Denial of Due Process, Entrapment, Sentencing

Summary

The doctrine of sentencing entrapment, embraced by some federal courts, is incompatible with California law, because under this states doctrine of entrapment, the character of the suspect, his predisposition to commit the crime, and his subjective intent are all irrelevant.…

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Name: Bradley v. Duncan

Case #: 01-55290

Opinion Date: 12/24/2002

Categories: Defenses, Entrapment, Extraordinary Remedies, General Principles, Habeas Corpus (Federal), Jury Instructions

Summary

Defendant was entitled to habeas relief under AEDPA where the second trial court refused to instruct on entrapment in a state drug sale case in which the defendant claimed he had been entrapped by an unwitting police agent who was…

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Name: U.S. v. Hancock

Opinion Date: 10/26/2000

Categories: Defenses, Entrapment

Summary

The court did not err in rejecting "entrapment-by-estoppel" instructions proposed by the defense. The forms the defendant was required to fill out at the time that he purchased the weapons in 1980 and 1982 did not contain "affirmatively misleading" representations…

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Name: Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board

Case #: D039443

Opinion Date: 08/02/2002

Categories: Defenses, Entrapment

Summary

It was not entrapment, as a matter of law, for an undercover officer to ask an exotic dancer if her next dance would involve "more skin."

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Name: People v. Mendoza

Case #: S067104

Opinion Date: 07/31/2000

Categories: Areas Constitutional Law, By CALJIC Number, Challenges for Cause, Choice of Counsel, Crimes, Crimes Against Property, Crimes Against the Person, Defenses, Drug Treatment, Due Process, Entrapment, Evidence, Expert Witness, General Principles, Ineff. Assist. Counsel (IAC), Jury Instructions, Jury Peremp/Wheeler, Legislation, Marsden, Motion for Acquittal, Preliminary Hearings, Pretrial Motions, Probable Cause, Right to Counsel, Scope of Right, Sentencing, Severance/Consolidation, Statutory Construction, Trial Proceedings

Summary

Mendoza and his codefendant, Valle, were charged with murder committed during the course of a robbery, in violation of Penal Code section 189. The defendants were also charged with the robbery, and a special circumstance that the murder was committed…

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Name: People v. Keller

Case #: C033613

Opinion Date: 02/14/2001

Categories: Defenses, Entrapment, General Principles, Jury Instructions

Summary

Editor's Note: Review granted. The trial court did not err by failing to instruct sua sponte on an entrapment defense regarding the solicitation offense. The record would not support a reasonable jury finding that the officer performed an affirmative act…

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