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Series

Criminal Procedure

Pace University

Entrapment

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman Jan 1982

Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman

Pace Law Faculty Publications

Part I of this Article surveys the development of the competing threads of entrapment theory. Part II shows how these theories were applied in the Abscam prosecutions. Part III turns to the predisposition test and demonstrates its analytical flaws and its ineffectiveness in restraining he improper use of inducements in undercover investigations. Part IV offers specific suggestions for a federal entrapment statute to remedy these defects. The statute allows an entrapment defense where the undercover techniques used fall outside a narrowly defined range of permissible conduct. If the government's conduct is permissible, the statute nevertheless requires the decision-maker to ...


Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman Jan 1982

Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman

Pace Law Faculty Publications

This Article discusses the relatively spare and unsettled case law relating to the staged arrest, reflected primarily in United States v. Archer and Nigrone v. Murtagh. Part III of this Article examines the defense of entrapment, one of the most confusing and controversial legal doctrines, and its application to the staged arrest. Because the staged arrest ineluctably raises questions of offensive government conduct that neither constitutes unlawful entrapment nor invades any independent rights of citizens, part IV considers the analysis of courts that have invoked the due process clause to limit government investigations. In view of the failure of these ...


The "Perjury Trap", Bennett L. Gershman Jan 1981

The "Perjury Trap", Bennett L. Gershman

Pace Law Faculty Publications

It is the aim of the present Article, first, to explore the boundaries of legitimate grand jury interrogation as it bears on the subject of perjury and, second, to formulate guidelines that strike a balance between the needs of the investigatory process and the rights of witnesses.