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John Murtha — Part 28
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to which common feelings respond, for the proper use of
governmental power". US v. Russell, 411 US at 441, (Stewart,
J., dissenting). However, and despite eloquent arguments .:
in several dissenting and concurring opinions, Sorrells, :
287 US 435; Sherman, 356 US 369; Russell, 411 US 423;
and Hampton, 425 US 486, the "objective" approach to entrap-_
ment has never been accepted by any majority of the Supreme
Court.
Some confusion has arisen because "objective
entrapment, the view that over-involvement of the government
( in the commission of a crime requires dismissal of an indict-
ment, has also been called "entrapment as a matter of law".
Further semantic confusion has arisen, however, because .
the term "entrapment as a matter of law" has also been:
+ applied to a situation where, on the evidence presented,
no jury could find beyond a reasonable doubt, that the
defendant was predisposed to commit the crime that was
* induced by: the government. agents. . Sherman v. US, 356 us
369; see US_v. Jannotti, 501.F Supp at 1200. Under that
view, "entrapment as a matter of law't simply means that
insufficient evidence was presented to warrant the case
going to the jury on the issue of defendant's predisposed
". state of mind.
Entrapment is a difficult, conceptually slippery,
and philosophically controversial concept. Ever since ©
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