Defense of Entrapment Is Denied to a Defendant Who Is Predisposed to Commit a Crime

Authors

Douglas Kramer

Abstract

In Hampton v. United States the Supreme Court held that the defense of entrapment is not available to a defendant who procured contraband from a government agent if the defendant was predisposed to commit the crime. In this article the history of the defense of entrapment and the reasoning of the divided court in deciding the Hampton case are examined in detail. The author concludes that the rule set by the Hampton case encourages violation of defendants' rights by police, and that legislative reform may be necessary.

Recommended Citation

Douglas Kramer, Defense of Entrapment Is Denied to a Defendant Who Is Predisposed to Commit a Crime, 32 U. Mia. L. Rev. 197 (1977)
Available at: https://repository.law.miami.edu/umlr/vol32/iss1/9