Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
John Murtha — Part 28
Page 111
111 / 137
eo a a aro
__ Judge Fullam's premise that providing "extremely
se amount at which a bribe offer becomes so generous as.
_itl
x
t
'
f
;
i
rs
‘
r
generous financial inducements" offends due process. is;
respectfully, unsound. The subjective entrapment approach, |
the only entrapment approach acceptable to the Supreme
Court, see section V-A, focuses upon the predisposition
of a particular defendant, so what constitutes a "generous |
financial inducement" necessarily varies with the circum-
stances of each person being induced. If the courts were
to establish a threshold amount beyond which no public ;
official could be convicted of bribery, the rich and the
powerful, those most likely to be in a position to.demand
large bribes, would automatically have the benefit of this
defense and thé crime of bribery as we know it would become
the poor public official's burden. There can be no per
to constitute entrapment as a matter of law. Under the
subjective entrapment approach, of course, the jury may
consider all these factors on the question of predisposition, .
but a per .se rule with respect to the size of monetary
inducement is illogical, unworkable, and unfair.
Judge Fullam recognized that in evaluating “out-
rageous" conduct a court must consider the nature of the’
crime involved and the tools available to combat it. See
Twigg, 588 Fad at 378 n.6. The restrictions he would place
on governmental investigations of bribes, however, reflect
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic