Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Back To The Future: Federal Mail And Wire Fraud Under 18 U.S.C. § 1346, John E. Gagliardi
Back To The Future: Federal Mail And Wire Fraud Under 18 U.S.C. § 1346, John E. Gagliardi
Washington Law Review
In 1988, Congress added section 1346 to the federal mail and wire fraud statutes to overturn the Supreme Court decision of McNally v. United States and provide statutory protection of the "intangible right of honest services." This Comment analyzes the extent to which section 1346 restores the protection of intangible rights as existed prior to McNally and concludes that most if not all of those intangible rights are again covered by the statutes. Further, this Comment recommends that the judiciary limit the application of the mail and wire fraud statutes in the private sector to cases involving a breach of …
Reshaping The Federal Entrapment Defense: Jacobson V. United States, Elena Luisa Garella
Reshaping The Federal Entrapment Defense: Jacobson V. United States, Elena Luisa Garella
Washington Law Review
In Jacobson v. United States, the Supreme Court narrowed the types of evidence that the prosecution may rely on to show that a defendant was predisposed to commit a crime in cases where the defendant raises the entrapment defense. This Note examines the development of the entrapment doctrine and the doctrine's focus on the jury's role as the arbiter of the defendant's guilt or innocence. The Note argues that the Supreme Court strayed from its previous analysis of the defense by broadening the scenarios in which judges may find entrapment as a matter of law. Judicial activism in the context …