Monday, May 19, 2014

Hampton v. US case brief summary

Hampton v. US 
1976
 
  • DEA agents sold D the drugs, and had other agents buy the drugs from him.
  • D conceded on appeal that defendant was predisposed to commit the offense rendering entrapment unavailable as a defense.
  • D argued that Government engineered the entire crime. Defendant further contended that if the jury had believed that the drug was supplied by the government information that he should have been acquitted.
  • Outrages conduct.
  • No, a due process defense of outrages conduct requires that there be a violation of a right of the defendant.
  • Remedy should not be to prohibit prosecution of the defendant, but to prosecute the offending agents.
  • Should not dismiss a case against a guilty defendant, but if the government agents broke the law, then they should be prosecuted.
  • Descent in this case held onto the outrages conduct defense, though they felt it did not apply to this offense.

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