Crim Pro 4

Limitations on 5th Am Due Process only when gov't activity in question violates some protected right of the defendent.

• Prosecution must prove beyond reasonable doubt.
• D was predisposed to commit the criminal act prior to being approached by the gov't.
• Predisposition precludes application of Entrapment defense.

Entrapment common law defense recognized in federal court. No constitutional mandate to require states to recognize

• Defense focused
• Where D is predisposed to commit a crime
• Occurs only where police procures commission of crime by individual not predisposed

Where the law enforcement acts in a manner likely to instigate a criminal offense

• Defendent must show inducement on part of the gov't
• then . . burden shifts to:
• Prosecution must show D was predisposed, ready willing and able

• Daily harassment, belligerent gov't behavior
• Forceful solicitation and dogged insistence
• Playing upon D's sympathies
• Agent pretending to be suicidal and desperte for money

• More than ordinary opportunity
• Graduated responses will not create it
• Lengthy time frame of gov't action will not support it.