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John Murtha — Part 28
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Sf .
actions they would not have had the opportunity to do so
-- at least with this sheik..
The central defect in defendants’ argument is
that it simply does not represent the law as established
by the United States Supreme Court. As noted in the "general
discussion", section V, supra, eloquent dissents have urged
that objective entrapment. be adopted as a constitutional
principle so that whenever a government agent provided
the impetus for a crime, prosecution would be barred.
If that were the law, clearly these convictions would have-
y
to be dismissed; indeed, if that were the law, these prosecu-
tions would never have been brought. However, and as already
noted, whenever the dissenting or concurring justices on
. the Supreme Court have urged objective entrapment as a
principle of constitutional law or as a basis for invoking
the supervisory power, see Hampton, 425 US 486; Sorrells,
287 US 435; Russell, 411 US 423; and Sherman, 356 US 369,
the majority has rejected the concept. Thus, except for °
the possible availability of ar Noutrageous governmental.
conduct" argument, discussed below, defendants' entrapment
claims in these cases are restricted to principles of sub-
jective entrapment, where the creative activity of -the
government entraps into criminal conduct a defendant who
was not predisposed to commit the crime. As already noted,
i
a
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