Criminal Procedure Unit4 IP

Below was the paper written as a Key Outline. It needs to be written in essay format and mention the laws of marijuana and addressing entrapment. Below the Key Outline of the paper that was written was the question that was answered.

Title: Jacobson v. the United States 503 U.S. 540 (1992)

ØFacts:

The defendant was arrested and imprisoned for knowingly receiving sexually explicit materials involving a minor following a twenty-six month of a sting operation which was mainly targeting individuals who were concerned with child pornography trade.

ØIssues:

issue was whether the government was guilty of entrapment and if it was should the conviction of the defendant.

ØDecisions:

The sentencing has overturned the ruling and decided that the defendant was entrapped.

ØReasoning:

court decided that Mr. Jacobson initial purchase of child pornography should not be used as evidence of a predisposition for breaking the law.

ØDissenting Opinions:

According to the dissent, the evidence present convinced the judges that the defendant was predisposed to commit the offense.

(Supreme Court. 1992)

Title: Sherman v. the United States, 356 U.S. 369 (1958)

ØFacts:

The accused was convicted of selling narcotics.

Sherman met an informant of the government at medical care when they were both seeking treatment for drug addiction.

ØIssues:

In this case, the issue was whether the ruling should stand or if it was a case of entrapment.

ØDecisions:

The jury reversed the conviction, and the defendant was remanded.

ØReasoning:

The opinion of the judges was that there must be a distinction between a trap for an unwitting citizen and unwitting citizen.

ØDissenting Opinions: there were no dissenting opinions.

(Supreme Court.1958)

The case study

ØConsidering this incident, while operating as an undercover agent in an area best known for drug trafficking, you noticed a car stopping at the junction waiting for the traffic lights to show.

ØThe first question will be whether you had a probable cause for initiating the encounter.

ØThe next step will be establishing whether the defendant was persuaded by the government to commit the offense, would the individual have committed the crime without the government involvement.

ØAlso, if the defense is subjective, then one can show the past criminal record of the suspect.

ØIf it is an objective case, however, the criminal history of the person will not be relevant and

ØIf the person did not want to purchase the drug, then the officer’s action could not encourage him to buy the drug in any way.

ØThere is a significant distinction between providing a chance to commit a crime and entrapment. For instance, if a predisposition exists for committing this form of offense then it will be hard to use entrapment as a defense mainly because from your previous action, it is evident you will commit the offense without the police involvement.

ØIf the drug being exchanged in this incidence was marijuana, and it occurred in a state like Oklahoma.

i.then the crime history of the defendant and the location would dictate if it was a misdemeanor charge or felony.

ii.The charge of possession is a misdemeanor crime on its own n Oklahoma.

iii.if it a subsequent crime or if the possession is less than 1000 feet from a public and private institution, public park, or in the presence of a child under 12 years then it will be classified as a felony.

References

Oklahoma. 2017. State Statue Title 63-2-402v1. Retrieved from http://www.oklegislature.gov/osstatuestitle.html

Supreme Court. 1992. Jacobson v. United States. Retrieved from http://caselaw.findlaw.com/us-supreme-court/503/54…

Supreme Court.1958.Sherman v. United States. Retrieved from https://supreme.justia.com/cases/federal/us/356/36…

While working an undercover detail in a neighborhood known for drug activity, you notice a vehicle stopped at the intersection waiting for the light to change. The man in the vehicle makes eye contact with you. You approach his vehicle and begin carrying on a conversation with him. You ask him if he needs anything, and he responds by asking you, “What do you have?” You ask him what he is looking for, and he tells you he is looking to score. You show him a small bag containing a white powdery substance; he asks how much, and you respond, “20 dollars.” He hands you a $20 bill, and you give him the bag and tip your hat to signal that the transaction was completed. At this time, the man drives off and is stopped a block away by a marked unit. The individual is placed under arrest for drug possession and purchasing drugs, and he is taken to jail.

The individual is charged with possession of a controlled substance. At his trial, he claimed that he was a victim of entrapment by the police. He was found guilty and sentenced to serve 5 years in jail and given credit for the 3 months he already had served in jail.

Assignment Guidelines

  • Address the following in 1,250–1,500 words:
  • Research and provide 2–3 case briefs on specific case law related to the entrapment defense as it may or may not apply in the case scenario.
    • Your case briefs should follow this format:
      • Title: Title of the selected case
      • Facts: Summary of the events, court timeline, evidence, and so forth
      • Issues: Issues that were present in this case
      • Decisions: The court’s decision and the conclusion to the case
      • Reasoning: The rationale behind the final decision
      • Dissenting opinions: Any dissenting opinions, and an explanation of what they were and why they were raised
  • Answer the following questions:
    • Did you have probable cause to approach the defendant while he was parked at the traffic light? Why or why not? Defend your answer.
    • Do you feel that the entrapment defense is a valid one, considering the assignment scenario? Why or why not? Defend your answer.
    • Is providing the opportunity for someone to commit a crime the same as entrapment? Why or why not?
    • If the substance were marijuana, how much would be needed for a misdemeanor charge? A felony?
  • Be sure to reference all sources using APA style.