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John Murtha — Part 28

137 pages · May 10, 2026 · Broad topic: General · Topic: John Murtha · 134 pages OCR'd
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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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