Winifred has a criminal record for prostitution. A law enforcement decoy offers Winifred $10,000 to engage in sexual intercourse. Winifred promptly accepts. If Winifred’s jurisdiction recognizes the objective entrapment defense, Winifred may be able to successfully claim entrapment as a defense to prostitution. A reasonable, law-abiding person could be tempted into committing prostitution for a substantial sum of money like $10,000. The objective entrapment defense focuses on law enforcement tactics, rather than the predisposition of the defendant, so Winifred’s criminal record is irrelevant and is not admissible as evidence. Thus it appears that law enforcement used an excessive inducement, and entrapment may excuse Winifred’s conduct in this case.
KEY TAKEAWAY
- The subjective entrapment defense focuses on the individual defendant, and provides a defense if law enforcement pressures the defendant to commit the crime against his or her will. If the defendant is predisposed to commit the crime without this pressure, the defendant will not be successful with the defense. Pursuant to the subjective entrapment defense, the defendant’s criminal record is admissible to prove the defendant’s predisposition. The objective entrapment defense focuses on law enforcement behavior, and provides a defense if the tactics law enforcement uses would convince a reasonable, law-abiding person to commit the crime. Under the objective entrapment defense, the defendant’s criminal record is irrelevant and inadmissible.
EXERCISES
Answer the following questions. Check your answers using the answer key at the end of the chapter.
- Allen has a criminal record for burglary. Roger, a law enforcement decoy, approaches Allen and asks if he would like to purchase methamphetamine. Allen responds that he would and is arrested. This interaction takes place in a jurisdiction that recognizes the subjective entrapment defense. If Allen claims entrapment, will Allen’s criminal record be admissible to prove his predisposition to commit the crime at issue? Why or why not?
- Read Sosa v. Jones, 389 F.3d 644 (2004). In Jones, the US District Court for the Eastern District of Michigan denied the defendant’s petition for a writ of habeas corpus after he was sentenced to life in prison for conspiracy to sell and sale of cocaine. The defendant claimed he had been deprived of due process and was subjected to sentencing entrapment when federal agents delayed a sting operation to increase the amount of cocaine sold with the intent of increasing the defendant’s sentencing to life in prison without the possibility of parole. Did the US Court of Appeals for the Sixth Circuit reverse the district court and grant the defendant’s petition? The case is available at this link: http://openjurist.org/389/f3d/644/sosa-v-jones
- Read Farley v. State, 848 So.2d 393 (2003). In Farley, the government contacted the defendant, who had no criminal record, in a reverse sting operation with a mass e-mail soliciting individuals to purchase hard-core pornography. The defendant responded to the e-mail and was thereafter sent a questionnaire asking for his preferences. The defendant responded to the questionnaire, and an e-mail exchange ensued. In every communication by the government, protection from governmental interference was promised. Eventually, the defendant purchased child pornography and was arrested and prosecuted for this offense. The defendant moved to dismiss based on subjective and objective entrapment and the motion to dismiss was denied. The defendant was thereafter convicted. Did the Court of Appeal of Florida uphold the defendant’s conviction? The case is available at this link: http://www.lexisnexis.com/legalnewsroom/p/lexisonelandingpage.aspx
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