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John Murtha — Part 28
Page 38
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“38
ment agent? If it was, was the defendant "predisposed" oe
to commit the crime? This sub jective-approach=focuses——-——
upon the conduct and propensities of the particular defendant , -
in each case. It is for the jury to determine, first,
whether there is sufficient evidence of "inducement" and,
if so, whether the government has proven beyond a reasonable
doubt that the defendant was "predisposed". In theory, ;
the subjective approach to entrapment is grounded in legis- .
lative intent: if an otherwise innocent person was entrapped
by a government agent into performing a criminal act, the
legislature never intended that his conduct be punished.
Sorrells v. US, 287 US 435 (1932); US v. Russell, 411
US 423 (1973).
"Objective" entrapment is a term applied to either
of two different concepts. Under one view of “objective
entrapment the focus is not upon the propensities and predis-
positions of the individual defendant, but instead upon
an objective standard of "persons who would normally avoid -
crime and through self-struggle resist ordinary tempta-
tions", Sherman v. US, 356 US 369, 384 (Frankfurter, Jey
concurring), in order to determine whether the inducement .
. 9
tendered by the government agent was unaccceptable.~
The. second view of “objective™ entrapment focuses
upon the conduct of the government agents in each particular
case to determine whether that conduct "falls below standards,,
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