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John Murtha — Part 28
Page 43
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consideration of predisposition entirely and would instead
devote their attention only to governmental misconduct.
While they would prefer to be more restrictive of: permissible :
governmental involvement in crime than Justice Powell's .
test of “outrageousness"', the dissenters' position a fortiori
accepts the "“outrageousness" standard, making it the point
in the continuum of escalating police involvement in crime
where five members of the present court agree that a convic-
tion should be overturned-and an indictment dismissed.
Until further word Eroin the Supreme Court, there- . t
‘fore, as a matter of strict legal precedent, this court .
must assume that while the subjective. view of entrapment .
is the general guide, it is nevertheless subject to an
overriding exception that under either the court's super-
10
visory power or the due process clause, a predisposed
defendant- cannot be convicted if police over-involvement
_in his crime reaches "a demonstrable level of outrageous-
“ness”. See US v. Johnson, 565 F2d 179, 181 (CA 1 1977):
_B. OQutrageousness.
What conduct by law enforcement officials would
be "“outrageous't? . No clear standard has evolved. "Many
‘partially relevant factors have been discussed, argued,
and either accepted or rejected in various opinions on
the subject. The court has reviewed and carefully considered
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