Monday, May 19, 2014

Sherman v. US case brief summary

Sherman v. US 
1958
 
  • 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.

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