Reforming Entrapment Doctrine in United States v. Hollingsworth
Richard H. McAdams
University of Chicago Law School
University of Chicago Law Review, Vol. 74, 2007
U of Chicago Law & Economics, Olin Working Paper No. 362
U of Chicago, Public Law Working Paper No. 185
This short essay, written for a symposium commemorating Richard Posner's twenty-fifth year as a judge, examines Judge Posner's majority opinion for a closely divided en banc decision on the federal entrapment defense. The cases considers a fundamental issue in the meaning of the element of predisposition. Judge Posner crafts a boldly innovative reading of the Supreme Court precedent on the topic, introducing the element of position or readiness to predisposition. I claim the result, properly understood, is to rationalize the doctrine of entrapment.
Number of Pages in PDF File: 23
Keywords: undercover operations, entrapment, predisposition
JEL Classification: K14
Date posted: September 23, 2007 ; Last revised: October 24, 2007
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