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John Murtha — Part 28
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most cases, where a defendant's predisposition has been:
established.
Hampton presents a more complex picture. There,
three justices voted to solidify the subjective approach
so that under no circumstances, regardless of how egregious
the. governmental conduct, could a defendant who was found
by a jury to have been predisposed to commit the crime
have the indictment dismissed for governmental misconduct.
425 US 484. Three other justices believed that the circum-
stances showed that governmental officials had purposefully
created the crime in Hampton and that such creative activity
“oo
by governmental officials required dismissal despite defen-
dant's predisposition to commit the crime. 425 US at 495
(Brennan,: J., dissenting). Two other justices in an opinion .
“written by Justice Powell found that Hampton was controlled |
by Russell, that Hampton: had not even raised the issue
of predisposition, and that his entrapment defense, there-
= fore, failed for lack of proof. . 425 US at 490 (Powell,
J., concurring). Justice Powell declined, however, to
close the door entirely upon the possibility of court inter-
vention in an extreme case. He refused to accept the premise
. "that, no matter what the circumstances, neither due process
principles nor [the Supreme Court's] supervisory power _
could support a bar to conviction in any case where the.
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