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Articles 1 - 9 of 9
Full-Text Articles in Criminal Law
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Paul Marcus
No abstract provided.
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris
Articles
Since the attacks of September 11, 2001, law enforcement agencies have actively sought partnerships with Muslim communities in the U.S. Consistent with community-based policing, these partnerships are designed to persuade members of these communities to share information about possible extremist activity. These cooperative efforts have borne fruit, resulting in important anti-terrorism prosecutions. But during the past several years, law enforcement has begun to use another tactic simultaneously: the FBI and some police departments have placed informants in mosques and other religious institutions to gather intelligence. The government justifies this by asserting that it must take a pro-active stance in order …
Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson
Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson
ExpressO
Many the states currently use a version of the entrapment defense known as the “objective test,” which focuses solely on the extent of police overreaching in the case, and seeks to deter police misconduct by acquitting the defendant. Acquitting defendants as a means of deterring undercover police misconduct, however, is a public policy fraught with problems, and these problems have not been adequately addressed in the literature to date. This article applies the insights of modern deterrence theory to wrongful activity by police in undercover operations. In doing so, three general problems emerge. First, the objective test relies on an …
A Quiet Year: The Supreme Court's Criminal Law Decisions During The 1991 Term, William E. Hellerstein
A Quiet Year: The Supreme Court's Criminal Law Decisions During The 1991 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus
The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus
Faculty Publications
No abstract provided.
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Faculty Publications
No abstract provided.
Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman
Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman
Elisabeth Haub School of 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 …
Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman
Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman
Elisabeth Haub School of 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 examine …
Elevation Of Entrapment To A Constitutional Defense, Robert H. Thomson Iii
Elevation Of Entrapment To A Constitutional Defense, Robert H. Thomson Iii
University of Michigan Journal of Law Reform
The issue of entrapment arises initially as a defense when a person is accused of committing a criminal act in which government agents solicited, and perhaps actively participated in, the conduct for which the defendant stands accused. Classic entrapment situations occur when law enforcement officers, through agents or informers, solicit an illegal transaction, such as the sale of contraband. The evidence thereby obtained is used to support the prosecution of the individual accepting the solicitation. Solicitation is an important technique of law enforcement because evidence of illegal transactions is often impossible to obtain by other methods. Certain uses of solicitation …