Monday, May 19, 2014

US v. Russell case brief summary

US v. Russell 
1973
 
  • D was convicted of manufacturing and possessing methamphetamine and the sale and delivery of that drug.
  • D argued entrapment because an undercover agent had supplied D with an important ingredient for the manufacturing of the drug in exchange for ½ of what was manufactured. He conceded that the evidence showed he had a predisposition to commit the crime; however the governments conduct was so outrages that it should be prohibited from prosecuting.
  • SC held that defendant's defense of entrapment was defeated by his concession that the jury's finding that he was predisposed to committing the crime was supported by the evidence.
  • However, court also found that there may be instances that the government’s actions would be so outrages that it would bar prosecution of the defendant. Not in this case.

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