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John Murtha — Part 28
Page 40
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“™
US 369; Russell, 411 US 423; and Hampton, 425 US. 484.
-majority of the current Supreme Court bench, at least in.
Sorrells v. US, 287 US 435 (1932), the Supreme Court has
divided sharply on the standards. to be applied in reviewing
the conviction of a person whose criminal conduct was in
part facilitated by government agents. In US v. Russell,
411 US 423 (1973), a Supreme Court najority of five claimed
to adhere to Sorrells as a precedent of long standing that
had already once been reexamined and implicitly reaffirmed
in Sherman v. US, 356 US 369 (1958). Writing for the court
in Russell, Justice Rehnquist pointed out that "since the
“Eentrapment] defense is not of a constitutional dimension,
—_—
‘Congress may address itself to the question: and adopt any
substantive definition of the defense that it may find
t
desirable." 411 US at 433 (footnote omitted).
t
i
Four Supreme Court decisions are central to the
issue of entrapment. Sorrells,! 287 US 435; Sherman, 356
Familiarity with the majority, concurring, and dissent-
ing opinions in those decisions is assumed.’ From those
decisions as a whole it appears that the "objective" view
of entrapment as espoused by Justice Brennan in Hampton
has never been accepted by a majority of the Supreme Court.
The "subjective'-view has been adopted in Sortells, Sherman
and Russell and appears to be still acceptable.to a present
40
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