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John Murtha — Part 28
Page 42
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Government is able to prove predisposition." 425 US at
495. In footnote, Justice Powell added:
I emphasize that the cases, if any,
in which proof of predisposition is
not dispositive will be rare. Police
overinvolvement in crime would have
to reach a demonstrable level of out-
rageousness before it could bar convic- .
tion. This would be especially difficult ‘
; to show with respect to contraband
) offenses which are so difficult to
detect in the absence of undercover
Government involvement. One cannot
easily exaggerate the problems confronted
by law enforcement authorities in dealing
; ; effectively with an expanding narcotics
. traffic * * * which is one of the major
( contributing causes of escalating crime
in our cities. * * * Enforcement offi-
cials, therefore, must be allowed flexi-
bility adequate to counter effectively
; . such criminal activity. .
. a 425 US at 496 n.7 (citations omitted).
Thus as the Court divided in Hampton, with Justice
Stevens taking no part: three judges would make. predisposi-_
tion the only issue; three judges would eliminate predisposi- 7
tion entirely; andthe deci¥ive two. concurring votes, -express-:
ed in Justice Powell's opinion, indicate that predisposition :
is not only relevant but will be dispositive in all but
the "rare" case where police over-involvement in the crime
reaches "a demonstrable level of outrageousness". Since 7
Hampton had been predisposed, and since the police involve-
ment in his crime was not "outrageous", his conviction
was affirmed. The three dissenting judges would eliminate
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