How does the government rebut an entrapment defense?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gentile, 104 F.3d 356 (2nd Cir. 1996):

To rebut an entrapment defense, the Government is permit-ted to introduce evidence to demonstrate that the defendant was predisposed to commit the offense. United States v. Harvey, 991 F.2d 981, 994 (2d Cir.1993). Evidence of predisposition is admissible only if it shows that the defendant's past conduct is "near enough in kind to support an inference that his purpose included offenses of the sort charged." Id. (citing United States v. Sherman, 200 F.2d 880, 882 (2d Cir.1952)). A trial court's decision to admit predisposition evidence is reviewed for an abuse of discretion. Id.

Other Questions


What is the legal test for an entrapment defense where a defendant has been entrapped by a paid government informant? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
Is there any evidence that a defendant was entrapped by the federal government as a result of sentencing entrapment? (MultiRegion, United States of America)
Can a federal firearms licensee be considered a government official for purposes of the defense of entrapment by estoppel? (MultiRegion, United States of America)
Can a self defense claim to charges of receipt or possession of a firearm be considered a defense duress, coercion, or self defense? (MultiRegion, United States of America)
Can a defense be made against the government for the use of a steam-boat, which involved bad faith on the part of the government? (MultiRegion, United States of America)
Can the government respond to a defense counsel's summation comments that impugned the integrity of the government's case? (MultiRegion, United States of America)
What is the government's argument in support of its contention that the federal government does not have the authority to compel pretrial disclosure of the identity of government witnesses? (MultiRegion, United States of America)
What is the government's failure to assist the defense by disclosing information material to the defense? (MultiRegion, United States of America)
What is a defense lawyer's duty to investigate the defense counsel's "most important defense"? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.