Entrapment

Description: Entrapment is a legal defense that arises when law enforcement officials induce a person to commit a crime that they would not have otherwise committed. This quiz will test your knowledge of the concept of entrapment and its application in criminal law.
Number of Questions: 15
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Tags: criminal law entrapment due process
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What is the primary purpose of the entrapment defense?

  1. To protect the rights of the accused

  2. To prevent law enforcement from engaging in misconduct

  3. To deter crime

  4. To ensure that the accused is punished for their crime


Correct Option: A
Explanation:

The entrapment defense is designed to protect the rights of the accused by preventing the government from engaging in misconduct that violates their due process rights.

What are the two main types of entrapment?

  1. Subjective entrapment and objective entrapment

  2. Actual entrapment and constructive entrapment

  3. Police entrapment and private entrapment

  4. Direct entrapment and indirect entrapment


Correct Option: A
Explanation:

Subjective entrapment occurs when the government's conduct creates a substantial risk that an otherwise law-abiding person would commit the crime. Objective entrapment occurs when the government's conduct would induce a reasonable person to commit the crime.

What is the subjective test for entrapment?

  1. Whether the government's conduct created a substantial risk that an otherwise law-abiding person would commit the crime

  2. Whether the government's conduct would induce a reasonable person to commit the crime

  3. Whether the accused was predisposed to commit the crime

  4. Whether the accused was entrapped by a private individual


Correct Option: A
Explanation:

The subjective test for entrapment focuses on the individual defendant and asks whether the government's conduct created a substantial risk that an otherwise law-abiding person would commit the crime.

What is the objective test for entrapment?

  1. Whether the government's conduct created a substantial risk that an otherwise law-abiding person would commit the crime

  2. Whether the government's conduct would induce a reasonable person to commit the crime

  3. Whether the accused was predisposed to commit the crime

  4. Whether the accused was entrapped by a private individual


Correct Option: B
Explanation:

The objective test for entrapment focuses on the conduct of the government and asks whether the government's conduct would induce a reasonable person to commit the crime.

What is the predisposition defense to entrapment?

  1. The government must prove that the accused was predisposed to commit the crime

  2. The accused must prove that they were not predisposed to commit the crime

  3. The government must prove that the accused had a prior criminal record

  4. The accused must prove that they were entrapped by a private individual


Correct Option: A
Explanation:

The predisposition defense to entrapment is an affirmative defense that the government must prove beyond a reasonable doubt. The government must show that the accused was predisposed to commit the crime before the government's conduct induced them to do so.

What is the significance of the predisposition defense to entrapment?

  1. It shifts the burden of proof to the accused

  2. It allows the government to avoid the entrapment defense altogether

  3. It is an absolute defense to entrapment

  4. It is only available to defendants who are first-time offenders


Correct Option: A
Explanation:

The significance of the predisposition defense to entrapment is that it shifts the burden of proof to the accused. The government must prove beyond a reasonable doubt that the accused was predisposed to commit the crime before the government's conduct induced them to do so.

What is the role of the jury in an entrapment defense?

  1. The jury decides whether the government's conduct was outrageous

  2. The jury decides whether the accused was predisposed to commit the crime

  3. The jury decides whether the entrapment defense applies

  4. The jury decides all of the above


Correct Option: D
Explanation:

The jury is responsible for deciding all of the elements of the entrapment defense, including whether the government's conduct was outrageous, whether the accused was predisposed to commit the crime, and whether the entrapment defense applies.

What is the most common type of entrapment defense?

  1. Subjective entrapment

  2. Objective entrapment

  3. Predisposition defense

  4. Outrageous government conduct defense


Correct Option: C
Explanation:

The predisposition defense is the most common type of entrapment defense. It is an affirmative defense that the government must prove beyond a reasonable doubt.

What is the most important factor in determining whether a defendant was entrapped?

  1. The nature of the government's conduct

  2. The defendant's predisposition to commit the crime

  3. The defendant's prior criminal record

  4. The defendant's age and education


Correct Option: A
Explanation:

The most important factor in determining whether a defendant was entrapped is the nature of the government's conduct. The court will consider whether the government's conduct was outrageous or whether it merely provided the defendant with an opportunity to commit the crime.

What is the remedy for entrapment?

  1. The charges against the defendant are dismissed

  2. The defendant is given a reduced sentence

  3. The defendant is placed on probation

  4. The defendant is required to perform community service


Correct Option: A
Explanation:

The remedy for entrapment is that the charges against the defendant are dismissed. This is because the government's misconduct violated the defendant's due process rights.

What is the significance of the entrapment defense?

  1. It protects the rights of the accused

  2. It deters law enforcement from engaging in misconduct

  3. It ensures that the accused is punished for their crime

  4. It promotes public confidence in the criminal justice system


Correct Option:
Explanation:

The entrapment defense is significant because it protects the rights of the accused, deters law enforcement from engaging in misconduct, ensures that the accused is punished for their crime, and promotes public confidence in the criminal justice system.

What are some examples of entrapment?

  1. A police officer posing as a drug dealer to sell drugs to a defendant

  2. A police officer offering a defendant money to commit a crime

  3. A police officer threatening to arrest a defendant if they do not commit a crime

  4. All of the above


Correct Option: D
Explanation:

All of the above are examples of entrapment. The government's conduct in each of these cases is outrageous and would induce a reasonable person to commit the crime.

What are some examples of cases where the entrapment defense has been successfully used?

  1. United States v. Russell

  2. Jacobson v. United States

  3. Sherman v. United States

  4. All of the above


Correct Option: D
Explanation:

All of the above are examples of cases where the entrapment defense has been successfully used. In each of these cases, the court found that the government's conduct was outrageous and that the defendant was entrapped.

What are some of the challenges to the entrapment defense?

  1. The difficulty of proving entrapment

  2. The fact that the defense is often used by criminals to avoid punishment

  3. The fact that the defense can be used to undermine the government's ability to investigate and prosecute crimes

  4. All of the above


Correct Option: D
Explanation:

All of the above are challenges to the entrapment defense. The defense can be difficult to prove, it can be used by criminals to avoid punishment, and it can undermine the government's ability to investigate and prosecute crimes.

What are some of the reforms that have been proposed to address the challenges to the entrapment defense?

  1. Adopting a more objective test for entrapment

  2. Requiring the government to provide advance notice of its intent to use entrapment

  3. Limiting the entrapment defense to certain types of crimes

  4. All of the above


Correct Option: D
Explanation:

All of the above are reforms that have been proposed to address the challenges to the entrapment defense. These reforms would make it more difficult for the government to use entrapment, and they would also make it easier for defendants to prove entrapment.

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