Sherman v. US
- D met another man at a doctors officer, were both were seeking treatment for narcotics addition. The other man was an undercover informant.
- I told D he was not responding to the treatment and the he was suffering and asked if D knew where a good source was.
- D tried to avoid the issue, but I continued to play on D’s sympathy until he finally obtained narcotics and shared it with I. T then informed police that D had sold him drugs.
- SC: Looking to the subjective willingness of D to commit the crime, if D is predisposed to commit and offense and the government merely affords him the opportunity to do so, then the conduct of the government does not constitute entrapment. However, in this case D was hardly willing, and only repeated entreaties by the informer, who claimed to be suffering, cause D to act. This is entrapment, dismissed.
- Issue between majority and concurrence is the subjective v. objective test.
- Subjective test allows the showing of predisposition to cancel out government inducement.