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John Murtha — Part 28
Page 51
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‘entrapment is no longer open to them.
‘by the Myers defendants focus upon why this court should
the focus of this defense is upon whether the defendant —
was predisposed to commit the crime.
Predisposition is generally a question of fact
to be determined by the jury. Of all the defendants before
the court in these three cases, only defendant Lederer
requested that the issue of entrapment be submitted to
the jury, and, of course, the jury found him predisposed,
a decision that cannot be overturned because it is supported
by sufficient -evidence. Since the other defendants did
not request an entrapment charge, the Bu) of subjective :
13 :
Substantial parts of the memoranda submitted
apply the principles of objective entrapment. But in view
of the consistent position taken by the United States Supreme
Court against the arguments of its dissenters, it would
be improper for this court to decide these cases by adopting
objective entrapment. Presumably, the Supreme Court: could -
overrule its clear precedents to the contrary and impose
such a fundamental change on our criminal justice system,
Similarly, it is within the province of Congress to define
the entrapment defense in objective terms, and the fact
that a number of states have done so might be persuasive
argument to a legislator. But the argument is unpersuasive
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