DOCSLIB.ORG

Entrapment and Terrorism Dru Stevenson

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Entrapment and Terrorism Dru Stevenson Boston College Law Review Volume 49 Article 3 Issue 1 Number 1 1-1-2008 Entrapment and Terrorism Dru Stevenson Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the National Security Law Commons Recommended Citation Dru Stevenson, Entrapment and Terrorism, 49 B.C.L. Rev. 125 (2008), http://lawdigitalcommons.bc.edu/bclr/vol49/iss1/3 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. ENTRAPMENT AND TERRORISM DRU STEVENSON * Abstract: Antiterrorism is a national priority and undercover sting opera- dons are a main antiterrorism tool. As our legal system's primary device for regulating undercover stings, the scope and vigor of the entrapment defense will impact the effectiveness of antiterrorism stings. The federal courts follOw the subjective test of entrapment, focusing on whether the • defendant was predisposed to commit the crime, or if rather the govern- ment induced the defendant to breach a legal norm. This Article argues that given the difficulty of preventing terrorist acts and the civil liberties implications of intrusive surveillance—the alternative to stings—there should be a rebuttable presumption that anyone who provides material support to terrorism was predisposed to do so. This Article argues that terrorism is such a heinous crime that it is unlikely the government could induce someone to support such criminals unless the person was one of the few predisposed to do so. INTRODUCTION An increase in antiterrorism activities by the government will pre- sumably lead to a subsequent increase in cases involving the entrap- ment defense.' Terror cells or conspiracies are necessarily clandestine. * Associate Professor of Law, South Texas College of Law. The author would like to thank research assistant Jay Clendenin for his helpful contributions to this article, and fellow professors Geoff Corn, Adam Gershowitz, and Tim Zinnecker for their useful com- ments, suggestions, and encouragement. Special thanks go to Army LTC Kelly Ward and the members of the Game Theory class at the National War College, who provided an opportunity to present the ideas in this article in March 2007; their insights about the per- spectives of those involved in counterterrorism strategy were especially helpful. I See, e.g., United States v. Lakhani, 480 F.3d 171, 178-80 (3d Cir. 2007); United States v. Nettles, 476 F.3d 508, 517 (7th Cir. 2007); United States v. Hale, 448 F.3d 971, 989 (7th Cir. 2006); United States v. Rahman, 189 F.3d 88, 142 (2d Cir. 1999); United States v. Polk, 118 F.3d 286, 289-91 (5th Cir. 1997); United States v. Aref, No. 04-CR-402, 2007 603508, at *4 (N.D.N.Y. Feb. 22, 2007); United States v. Siraj, 468 F. Supp. 2d 408, 413-14 (E.D.N.Y. 2007); Elgabrowny v. United States, No. S5 93 CR. 181(MBM), 2003 WL 22416167, at *10 (S.D.N.Y. Oct.. 22, 2003); United States v. Awadallah, 202 F. Supp. 2d 82, 107-08 (S.D.N.Y. 2002); United States v. Bin Laden, No. S(7) 98 CR. 1023, 2001 WL 30061, at *1-2 (S.D.N.Y. Jan. 2, 2001) (describing surveillance and capture of Al Qaeda associate); United States v. Bin Laden, 91 F. Supp. 2d 600, 613 (S.D.N.Y. 2000); see also John Caher, Terrorism Trial of Muslims Raises Issues of Entrapment, 236 N.Y.L.J., Sept. 14, 2006, at 1, 1-2; Scott Hiaasen, Did Feds Foil—or Foster—Terror Plot?, MIAMI HERALD, June 25, 2006, at A4; Brendan J. Lyons, Intent of Missile Plot Not Lost in Tanslation: FBI Case Juror Says Panel Dis- 125 126 Boston College Law Review [Vol. 49:125 Detection by law enforcement, therefore, must depend heavily on ei- ther invasive, widespread surveillance,2 or the use of undercover agents to infiltrate the cells. 3 Of course, both of these methods could be in use at the same time. Surveillance and stings are not mutually exclusive in any inherent sense and may even complement each other; neverthe- less, they are distinct alternatives for law enforcement. 4 Where agency missed Concerns that Defendants Were Duped, ALBANY TIMES UNION, Oct. 13, 2006, at Al; Wil- liam K. Rashbaum, Lawyer Confronts Informer in Subway Bomb Plot Case, N.Y. TIMES, May 5, 2006, at B2; Michelle Shepherd, Muslim Went Undercover to Save Lives, HAMILTON SPECTA- TOR (Ont., Can.), July 14, 2006, at Al2. There has also been much academic discussion of this point. See Paul Marcus, Presenting Back from the (Almost) Dead, the Entrapment Defense, 47 FLA. L. RENT. 205, 244 n.227 (1995) (discussing sting operation against Egyptian Sheik Omar Abdel Rahmen and subsequent criminal proceedings and defenses); Binny Miller, Give Them Bads Their Lives: Recognizing Client Narrative in Case Theory, 93 MICR. L. Riv. 485, 560-61 (1994); Ian Walden & Anne Flanagan, Honeypots: A Sticky Legal Landscape?, 29 RUT- GERS COMPUTER & TECH. L.J. 317, 318 (2003); see also Defending Entrapment as an Anti-Terror Technique (N.P.R. radio broadcast Mar. 11, 2007), available at 2007 WLNR 4617379 (discuss- ing the prosecutorial belief that stings are probably the best way to thwart terrorist attacks before they occur, and that entrapment defenses are a major concern). For a definitive explanation of the entrapment defense, see generally PAUL MARCUS, THE ENTRAPMENT DEFENSE (LexisNexis 3d ed. 2002) (1989). 2 See, e.g., Peter P. Swire, The System of Foreign Intelligence Surveillance Law, 72 GEO. WASH. L. REV. 1306, 1308 (2004) ("In 2003, for the first time, the number of surveillance orders issued under FISA exceeded the number of law enforcement wiretaps issued nation- wide."). See Tom Lininger, Sects, Lies, and Videotape: The Surveillance and Infiltration of Religious Groups, 89 lows L. REV. 1201, 1203 (2004); Solveig Singleton, Privacy and Twenty-First Cen- tury Law Enforcement: Accountability for New Techniques, 30 Onto N.U. L. REV. 417, 446-47 (2004). There are many examples of sting operations in connection with antiterrorism efforts. See Albany Muslims Convicted After Terror Sting, 236 N.Y.LJ., Oct. 11, 2006, at 1; Des- mond Butler, Sting Halts Sale of Uranium for Nuke CINCINNATI POST, Jan. 25, 2007, at A14; Julia Preston, fudge Issues Secret Ruling in Case of Two at Mosque, N.Y. TIM ES, Mar. 11, 2006, at MO ("A federal judge issued a highly unusual classified ruling yesterday, denying a motion for dismissal of a case against two leaders of an Albany mosque who are accused of laun- dering money in a federal terrorism sting operation. Because the ruling was classified, the defense lawyers were barred from reading why the judge decided that way."); Anti-War Protests in the Nation's Capital; New War Plan Derided—Part 2 (CNN television broadcast Jan. 27, 2007), available at 2007 WLNR 1722925 ("A uranium sting, officials in the former So- viet Republic of Georgia announced just this week that they have arrested a Russian man who is trying to sell weapons grade uranium to an undercover agent."); see also RICHARD POSNER, ECONOMIC ANALYSIS OF LAW 230-31 (7th ed. 2007); Nancy S. Marder, Introduction to Secrecy in Litigation, 81 CHI.-KENT L. REV. 305, 315 n.52 (2006) (noting that many re- cords in terrorism trials have been kept secret). 4 That is, most sting operations probably occur with surreptitious surveillance going on in the background, both as a means of documenting the crime and monitoring the safety of undercover agents. Conversely, undercover agents may gather incriminating statements and information for purposes of testifying at trial, which is a form of surveil- lance; it becomes a sting when the agents actually provide an opportunity for a crime and schedule its commission. Judge Richard Posner, however, sees a significant conflict be- tween intelligence gathering and law enforcement, of which stings are an integral part, 2008] Entrapment ea' Terrorism 127 resources are limited, a shift toward one methodology typically means a shift away from the other, because each requires the investment or con- sumption of resources.5 There are also social costs of each method, apart from the direct budgetary costs of labor and overhead, which agencies may not inter- nalize; in other words, any method of law enforcement can create ex- ternalities.6 When the government uses more wide-ranging or intrusive surveillance, as it might in the War on Terror, infringements on the civil liberties of all law-abiding citizens can arise, to a greater or lesser degree.? In contrast, the use of more sting operations has less effect on civil liberties overall, even if it presents some of its own ethical or con- stitutional issues. 8 In any case, relying on more undercover operations in the War on Terror seems cheaper, politically, for government agen- cies, and such operations will presumably increase whenever terrorism becomes a priority target for law enforcement, and argues that an agency attempting to do both simultaneously will be ineffective at both. See RICHARD A. POSNER, UNCERTAIN SHIELD: THE U.S. INTELLIGENCE SYSTEM IN THE THROES OF REFORM 110-17, 135 (2006). 5 Several authors have addressed the idea of sting operations being an efficient alloca- tion of resources, and that efficiency concerns are part of the appropriate test for entrap- ment. See, e.g., Ronald J. Allen, Clarifying Entrapment, 891 GRIM. L. & CRIMINOLOGY 407, 415 (1999) ('The most fruitful criterion of government inducements is whether the inducements exceeded real world market rates ...."); J.
Load more

Recommended publications
  • Consequences of Failing to Admit Guilt at Parole Hearings Daniel S
    MEDWED_TRANSMITTED.DOC2 2/26/2008 1:51 PM The Innocent Prisoner’s Dilemma: Consequences of Failing to Admit Guilt at Parole Hearings Daniel S. Medwed∗ INTRODUCTION ....................................................................................... 493 I. THE THEORY AND PRACTICE OF PAROLE ................................................ 497 A. HISTORICAL ORIGINS AND PURPOSES OF PAROLE ................................ 497 B. PAROLE RELEASE DECISION-MAKING: CONTEMPORARY STANDARDS AND POLICIES .................................................................................... 504 II. THE EFFECT OF PAROLE RELEASE DECISION-MAKING NORMS ON THE INNOCENT ............................................................................................... 513 A. PAROLE: AN INNOCENCE OPTION OF LAST RESORT ............................. 518 B. PRESSURE ON INNOCENT INMATES TO “ADMIT” GUILT ........................ 523 III. ADMISSIONS OF GUILT AND THE PAROLE RELEASE DECISION RECONSIDERED ....................................................................................... 529 A. THE DANGER OF ASSUMING THE LITIGATION PROCESS ACCURATELY FILTERS THE GUILTY FROM THE INNOCENT ......................................... 530 B. POTHOLES ON THE PATH TO REDEMPTION THROUGH THE PAROLE PROCESS ........................................................................................... 532 IV. SUGGESTIONS FOR REFORM .................................................................... 541 A. LIMITATIONS ON THE SUBSEQUENT USE OF STATEMENTS FROM PAROLE HEARINGS ...........................................................................
    [Show full text]
  • Compensation Chart by State
    Updated 5/21/18 NQ COMPENSATION STATUTES: A NATIONAL OVERVIEW STATE STATUTE WHEN ELIGIBILITY STANDARD WHO TIME LIMITS MAXIMUM AWARDS OTHER FUTURE CONTRIBUTORY PASSED OF PROOF DECIDES FOR FILING AWARDS CIVIL PROVISIONS LITIGATION AL Ala.Code 1975 § 29-2- 2001 Conviction vacated Not specified State Division of 2 years after Minimum of $50,000 for Not specified Not specified A new felony 150, et seq. or reversed and the Risk Management exoneration or each year of incarceration, conviction will end a charges dismissed and the dismissal Committee on claimant’s right to on grounds Committee on Compensation for compensation consistent with Compensation Wrongful Incarceration can innocence for Wrongful recommend discretionary Incarceration amount in addition to base, but legislature must appropriate any funds CA Cal Penal Code §§ Amended 2000; Pardon for Not specified California Victim 2 years after $140 per day of The Department Not specified Requires the board to 4900 to 4906; § 2006; 2009; innocence or being Compensation judgment of incarceration of Corrections deny a claim if the 2013; 2015; “innocent”; and Government acquittal or and Rehabilitation board finds by a 2017 declaration of Claims Board discharge given, shall assist a preponderance of the factual innocence makes a or after pardon person who is evidence that a claimant recommendation granted, after exonerated as to a pled guilty with the to the legislature release from conviction for specific intent to imprisonment, which he or she is protect another from from release serving a state prosecution for the from custody prison sentence at underlying conviction the time of for which the claimant exoneration with is seeking transitional compensation.
    [Show full text]
  • Potential Liability of Federal Law-Enforcement Agents Engaged in Undercover Child Pornography Investigations
    NO TES THE POTENTIAL LIABILITY OF FEDERAL LAW-ENFORCEMENT AGENTS ENGAGED IN UNDERCOVER CHILD PORNOGRAPHY INVESTIGATIONS HOWARD ANGLIN* In the course of enforcing laws against child pornography,law enforcement agents often engage in undercover operations that involve mailing child pornography to suspected consumers. In this Note, Howard Anglin argues that Congress and the Supreme and circuit courts have clearly established that children portrayed in por- nography are harmed every time the pornographicimages are viewed. The current law enforcement practice of mailing child pornography therefore injures children each time it is carried out. Under the doctrine formulated in Bivens v. Six Un- known Named Agents of Federal Bureau of Narcotics, this injury is actionable by the children involved and may lead to monetary damage awards against the agents who choose to send pornography to criminal suspects. Thus, law enforcement agencies should alter their practices to avoid Bivens liability and adhere to Con- gressional admonitions not to injure the innocent in order to catch the guilty. INTRODUCTION "Governmental 'investigation' involving participation in activities that result in injury to the rights of its citizens is a course that courts should be extremely reluctant to sanction."1 -Judge Henry J. Friendly Sex crimes against children occupy a place of particular horror and fascination in the public imagination. 2 Appealing simultaneously to the most paternal and prurient human instincts, child pornography * This is not an ambitious Note, but I have enjoyed writing it as an exercise in legal analysis and investigation. Thanks are due to Professor Amy Adler for her counsel, to Adav Noti for his invaluable editorial work, and to Travis J.
    [Show full text]
  • Undercover Law Enforcement Operatives' Perceptions of Post
    Walden University ScholarWorks Walden Dissertations and Doctoral Studies Walden Dissertations and Doctoral Studies Collection 2020 Undercover Law Enforcement Operatives’ Perceptions of Post Critical Incident Mental Health Services David B. Spinella Walden University Follow this and additional works at: https://scholarworks.waldenu.edu/dissertations Part of the Psychology Commons This Dissertation is brought to you for free and open access by the Walden Dissertations and Doctoral Studies Collection at ScholarWorks. It has been accepted for inclusion in Walden Dissertations and Doctoral Studies by an authorized administrator of ScholarWorks. For more information, please contact [email protected]. Walden University College of Social and Behavioral Sciences This is to certify that the doctoral dissertation by David B. Spinella has been found to be complete and satisfactory in all respects, and that any and all revisions required by the review committee have been made. Review Committee Dr. Jana Price-Sharps, Committee Chairperson, Psychology Faculty Dr. Jason Roach, Committee Member, Psychology Faculty Dr. Christopher Bass, University Reviewer, Psychology Faculty Chief Academic Officer and Provost Sue Subocz, Ph.D. Walden University 2020 Abstract Undercover Law Enforcement Operatives‘ Perceptions of Post Critical Incident Mental Health Services by David B. Spinella MBA, University of Phoenix, 2007 MA, Chapman University, 1990 BS, Southern Illinois University Carbondale, 1985 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Forensic Psychology Walden University August 2020 Abstract Undercover officers experience unique job-related stressors due to the covert nature and sometimes long duration of their tasks. Undercover officers adopt false identities that involve taking on a personality and lifestyle that the officer might find personally objectionable.
    [Show full text]
  • Ptsd Is a Limited Defense in Federal Court
    LINCOLN MEMORIAL UNIVERSITY LAW REVIEW __________________________________ VOLUME 8 SPRING 2021 ISSUE 2 _____________________________________ PTSD IS A LIMITED DEFENSE IN FEDERAL COURT: DEFENDANTS WITH PTSD GENERALLY FAIL IN ASSERTING THE AFFIRMATIVE INSANITY DEFENSE, AND THE DIMINISHED CAPACITY FAILURE OF PROOF DEFENSE IS ONLY APPLICABLE IN LIMITED INSTANCES Alexandria Patterson Tipton* *Juris Doctor Candidate, May 2021, Lincoln Memorial University Duncan School of Law PTSD IS A LIMITED DEFENSE IN FEDERAL COURT 83 I. INTRODUCTION Throughout American history there has been a lack of understanding mental illness within the criminal justice system. However, largely beginning in the twentieth century, mental health, in general, and the role it plays in the criminal justice system, evolved drastically. Specifically, the first official diagnosis of Post-Traumatic Stress Disorder (“PTSD”) was during the Vietnam War.1 In the years since then, the effects of PTSD have become more widely understood. Although PTSD is now better understood, the issue of how PTSD affects a defendant’s criminal liability is still unclear. Particularly, it has not been precisely answered what role PTSD plays in a federal criminal defense. Generally, there are two defensive avenues that a defendant can take when asserting a mental disease or defect as a defense against a crime in federal court: (1) the affirmative insanity defense,2 and (2) the failure of proof diminished capacity defense.3 Moreover, there is growing conflict as to whether PTSD is covered by the insanity defense, the diminished capacity defense, or whether PTSD is appropriately covered at all. The concept of the insanity defense is commonly known by the general public, though it is not always accurately understood.
    [Show full text]
  • Case 3:14-Cr-00085-JAM Document 112 Filed 11/17/14 Page 1 of 22
    Case 3:14-cr-00085-JAM Document 112 Filed 11/17/14 Page 1 of 22 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. No. 3:14-cr-00085 (JAM) CARLOS COLON, et al. RULING ON DEFENDANTS’ JOINT MOTIONS FOR DISCOVERY (Doc. #36) AND TO DISMISS THE INDICTMENT (Doc. #37) This case involves seven criminal defendants who were set up by undercover law enforcement agents to rob a fictional drug ―stash house‖ in Connecticut. They fell victim to a ruse that federal law enforcement agents have deployed with remarkable success against countless suspects nationwide. All seven defendants—some of them armed—gathered one day last April at a parking lot somewhere in Stamford, expecting that they would momentarily proceed to a nearby stash house to rob and help themselves to 15 kilograms or more of lightly guarded cocaine. Instead, a flood of law enforcement agents swept in to arrest them. Each of the defendants now stands charged with conspiracies to engage in robbery, drug trafficking, and related weapons offenses. For their plans to rob a house and cocaine that never existed, each of the defendants likely faces at least 15 years of mandatory minimum imprisonment if convicted on these charges. Defendants jointly move to dismiss the indictment on the ground that the stash-house sting operation that was launched against them amounted to outrageous government conduct in violation of their constitutional rights under the Due Process Clause. Relatedly, defendants contend that they were targeted on account of their race in violation of the Equal Protection 1 Case 3:14-cr-00085-JAM Document 112 Filed 11/17/14 Page 2 of 22 Clause, and they seek discovery to support their claim of selective enforcement and prosecution.
    [Show full text]
  • Group Status and Criminal Defenses: Logical Relationship Or Marriage of Convenience
    Missouri Law Review Volume 71 Issue 3 Summer 2006 Article 1 Summer 2006 Group Status and Criminal Defenses: Logical Relationship or Marriage of Convenience Eugene R. Melhizer Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Eugene R. Melhizer, Group Status and Criminal Defenses: Logical Relationship or Marriage of Convenience, 71 MO. L. REV. (2006) Available at: https://scholarship.law.missouri.edu/mlr/vol71/iss3/1 This Article is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Melhizer: Melhizer: Group Status and Criminal Defenses MISSOURI LAW REVIEW VOLUME 71 SUMMER 2006 NUMBER 3 Group Status and Criminal Defenses: Logical Relationship or Marriage of Convenience? Eugene R. Milhizer* TABLE OF CONTENTS INTRODUCTION ................................................................................................. 548 I. AN OVERVIEW OF GROUP STATUS AND THE CRIMINAL LAW ........................ 550 II. TRADITIONAL JUSTIFICATION AND EXCUSE DEFENSES ................................ 559 A . Categories of Defenses ......................................................................... 561 B. JustificationD efenses ........................................................................... 563
    [Show full text]
  • Drug Trafficking
    If you have issues viewing or accessing this file contact us at NCJRS.gov. NATIONAL DRUG ENFORCEMENT POLICY BOARD Federal Drug Enforcement Progress Report 1984 - 1985 March 1986 PREFACE This report is submitted to Congress pursuant to the National Narcotics Act of 1984. As Chairman of the National Drug Enforcement Policy Board, the Attorney General is required to submit biannual reports to Congress. On July 9, 1985, the Policy Board forwarded its first report, which described the Board's law enforcement policies and strategies. Beginning with this second report, the Board must give to Congress "a full and complete report reflecting accomplishments ...." Even though the Policy Board was not created until the middle of fiscal year 1985, this report describes accomplishments in drug enforcement during fiscal years 1984 and 1985. Although this report focuses primarily on law enforcement efforts to reduce the supply of drugs in the United States, the Policy Board recognizes the importance of efforts to reduce the demand for drugs. A major section of this report describes the Organized Crime Drug Enforcement Task Force (OCDETF) Program. Annual reports of the OCDETF Program were prepared for calendar years 1983 and 1984. The Policy Board has decided to consolidate reporting on 1985 OCDETF accomplishments within this report. i TABLE OF CONTENTS Preface ..................................................... i List of Tables and Figures .................................. iii Introduction ................................................. I I , The Drug Problem in 1985 .......................... 6 II. Investigation & Prosecution ....................... 12 A. Combined Federal Effort ....................... 13 B. Organized Crime Drug Enforcement Task Force Program ............................ 43 III. Interdiction ...................................... 120 IV. International Drug Control ........................ 146 V. Domestic Cannabis Eradication ..................... 174 VI.
    [Show full text]
  • Compensation for Wrongful Conviction, Wrongful Incarceration, and Exoneration
    68-West–Statehouse, 300 SW 10th Ave. Topeka, Kansas 66612-1504 (785) 296-3181 ◆ FAX (785) 296-3824 [email protected] http://www.kslegislature.org/klrd December 27, 2017 COMPENSATION FOR WRONGFUL CONVICTION, WRONGFUL INCARCERATION, AND EXONERATION Exoneration Overview The National Registry of Exonerations1 (Registry) maintains the country’s largest database of exonerations. According to the Registry, 2,141 persons have been exonerated nationwide since 1989. For purposes of the Registry, a person is considered to have been exonerated if he or she was convicted of a crime and later was either: (1) declared to be factually innocent by a government official or agency with the authority to make that declaration; or (2) relieved of all the consequences of the criminal conviction by a government official or body with the authority to take that action. The official action may be: (i) a complete pardon by a governor or other competent authority, whether or not the pardon is designated as based on innocence; (ii) an acquittal of all charges factually related to the crime for which the person was originally convicted; or (iii) a dismissal of all charges related to the crime for which the person was originally convicted, by a court or by a prosecutor with the authority to enter that dismissal. The pardon, acquittal, or dismissal must have been the result, at least in part, of evidence of innocence that either (i) was not presented at the trial at which the person was convicted; or (ii) if the person pled guilty, was not known to the defendant and the defense attorney, and to the court, at the time the plea was entered.
    [Show full text]
  • Exoneration in Sweden
    This article from Erasmus Law Review is published by Eleven international publishing and made available to anonieme bezoeker Exoneration in Sweden Is It Not about Time to Reform the Swedish Model? Dennis Martinsson* Abstract receives information concerning the case from the pros- ecutor. Other signs of the respect for the rule of law are This article reviews exoneration in Sweden, with a focus on that the prosecutor should indict a person only if there the procedure of applying for exoneration. First, it highlights are sufficient reasons to believe that he or she commit- some core features of Swedish criminal procedural law, nec- ted the crime and if the assessment is that an indictment essary to understand exoneration in the Swedish context. will result in a guilty verdict. Further, the prosecutor Secondly, it outlines the possibilities in Swedish law to apply has the burden of proof and a conviction requires that for exoneration, both in favour of a convicted person and to the evidence prove beyond reasonable doubt that the the disadvantage of a previously acquitted defendant. defendant committed the crime. Another feature is that Thirdly, it identifies some challenges with the current Swed- Swedish law offers rather extensive possibilities for a ish model of administering applications for exoneration. defendant who has been convicted by a district court to Fourthly, it argues that the current system should be appeal against the judgment.3 Thus, Sweden’s several reformed by introducing into Swedish law a review commit- legal safeguards ensure that criminal law cases are trea- tee that administers applications for exoneration.
    [Show full text]
  • 15A0021n.06 No. 13-3882 UNITED STATES COURT OF
    NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 15a0021n.06 No. 13-3882 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, ) ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE DONTE BOOKER ) NORTHERN DISTRICT OF ) OHIO Defendant-Appellant. ) ) ) Before: MCKEAGUE and KETHLEDGE, Circuit Judges; HOOD, District Judge.* KETHLEDGE, Circuit Judge. Cleveland police officers and an ATF agent tricked Donte Booker into attempting to possess cocaine with the intent to sell it, in violation of 21 U.S.C. §§ 841 and 846. Booker appeals his conviction, arguing that the government entrapped him as a matter of law. Booker also argues that the district court should have allowed the jury to hear evidence about his wrongful conviction for an unrelated rape. We affirm. I. Booker served 17 years in prison for a 1987 rape he did not commit. After his release, a DNA test proved his innocence and the convictions were vacated. Ohio later paid Booker $618,000 to settle his wrongful-conviction lawsuit. * The Honorable Joseph M. Hood, United States District Judge for the Eastern District of Kentucky, sitting by designation. United States v. Booker No. 13-3882 The sting operation at issue here took place several years later. In October 2012 an informant, Daisetta Harris, told Cleveland Detective Todd Clark that Booker had asked her to help him rob drugs and money from stash houses. Detective Clark set up a sting operation to catch Booker. At Detective Clark’s behest, Harris told Booker that she knew two people who might be willing to help with a robbery: a woman named Angelique, and Angelique’s drug- courier boyfriend, Andre.
    [Show full text]
  • Unraveling Unlawful Entrapment Anthony M
    Journal of Criminal Law and Criminology Volume 94 Article 1 Issue 4 Summer Summer 2004 Unraveling Unlawful Entrapment Anthony M. Dillof Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Anthony M. Dillof, Unraveling Unlawful Entrapment, 94 J. Crim. L. & Criminology 827 (2003-2004) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 009 1-4169/04/9404-0827 THE JOURNALOF CRIMINAL LAW& CRIMINOLOGY Vol. 94, No. 4 Copyright ©2004 by Northwesten University, School of Law Printed in U.S.A. UNRAVELING UNLAWFUL ENTRAPMENT ANTHONY M. DILLOF* I. INTRODUCTION Entrapment is as old as a pleasant garden, a forbidden fruit, and a subtle snake. "The serpent beguiled me, and I did eat," pleaded Eve in response to an accusing Lord God.' Early English cases report instances of citizens being lured into crime so they might be apprehended. 2 Nineteenth century American cases similarly record examples of persons tempted to illegality for the purpose of subjecting them to criminal sanctions. Entrapment as a social phenomenon has long been with us. .Associate Professor of Law, Wayne State University Law School. A.B., Harvard University; J.D., Columbia University School of Law; LL.M., Columbia University School of Law. I thank Anthony Duff, Stuart Green, and Peter Henning, whose insightful comments and critiques should in no way be construed as endorsements.
    [Show full text]