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Criminal Law Commons

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Articles 1 - 12 of 12

Full-Text Articles in Criminal Law

Reliance On Nonenforcement, Zachary S. Price Feb 2017

Reliance On Nonenforcement, Zachary S. Price

William & Mary Law Review

Can regulated parties ever rely on official assurances that the law will not apply to them? Recent marijuana and immigration nonenforcement policies have presented this question in acute form. Both policies effectively invited large numbers of legally unsophisticated people to undertake significant legal risks in reliance on formally nonbinding governmental assurances. The same question also arises across a range of civil, criminal, and administrative contexts, and it seems likely to recur in the future so long as partisan polarization and sharp disagreement over the merits of existing law persist.

This Article addresses when, if ever, constitutional due process principles may …


Misnamed, Misapplied, And Misguided: Clarifying The State Of Sentencing Entrapment And Proposing A New Conception Of The Doctrine, Jess D. Mekeel Apr 2006

Misnamed, Misapplied, And Misguided: Clarifying The State Of Sentencing Entrapment And Proposing A New Conception Of The Doctrine, Jess D. Mekeel

William & Mary Bill of Rights Journal

No abstract provided.


The Entrapment Defense: An Interview, Paul Marcus Jan 2004

The Entrapment Defense: An Interview, Paul Marcus

Faculty Publications

No abstract provided.


Investigatory Practices And The Changing Entrapment Defense, Paul Marcus May 2000

Investigatory Practices And The Changing Entrapment Defense, Paul Marcus

Faculty Publications

No abstract provided.


The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus Oct 1998

The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus

Faculty Publications

No abstract provided.


Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus Jan 1995

Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus

Faculty Publications

No abstract provided.


The Fall And Rise Of The Entrapment Defense, Paul Marcus Sep 1992

The Fall And Rise Of The Entrapment Defense, Paul Marcus

Popular Media

No abstract provided.


The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus Jan 1990

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 Oct 1989

Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus

Faculty Publications

No abstract provided.


Proving Entrapment Under The Predisposition Test, Paul Marcus Jan 1987

Proving Entrapment Under The Predisposition Test, Paul Marcus

Faculty Publications

No abstract provided.


The Development Of Entrapment Law, Paul Marcus Oct 1986

The Development Of Entrapment Law, Paul Marcus

Faculty Publications

No abstract provided.


The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus May 1986

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus

Faculty Publications

Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.

Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.