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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 …