Deck 11: Organizing a Criminal Defense

Question 1

What is the purpose of the entrapment defense?

Answer 1

To prevent the government from manufacturing crime by setting "traps" for the unwary citizen

Question 2

What is the subjective formulation of the entrapment defense?

Answer 2

Entrapment exists if the defendant was not predisposed to commit the crimes in question, and his or her intent originated with the officials of the government The focus is on the defendant's frame of mind See Table 111 in the text

Question 3

What is the objective formulation of the entrapment defense?

Answer 3

Entrapment occurs when the government induces someone to commit a crime by making false representations about the lawfulness of conduct or employs methods that create a substantial risk that an offense will be committed by an innocent unpredisposed person See Table 112 in the text

Question 4

What is the primary difference between these two formulations?

Question 5

What are the facts of United States v. Russell?

Question 6

Why did the U.S. Supreme Court uphold Russell's conviction?

Question 7

What did the dissent say in this case?

Question 8

What are the facts of Jacobson v. United States?

Question 9

How did the U.S. Supreme Court rule and why?

Question 10

What is duress?

Question 11

When is the defense of duress disallowed?

Question 12

What are the facts of United States v. LaFleur?

Question 13

What did the court hold?

Question 14

What was the court's rationale?

Question 15

Is mistake in advice on the part of counsel a defense?

Question 16

What role is required of a person to be prosecuted as part of the RICO enterprise?

Question 17

Is voluntary, self-induced intoxication a defense?

Question 18

When are extortion threats not punishable?

Question 19

Is there a defense to perjury?

Question 20

Are people liable for unintended consequences of their actions?

Question 21

Is amnesia a defense?

Question 22

What is the issue of mob lawyers?

Question 23

How did defense attorney Frank Ragano believe he "crossed the line" between representing a client and engaging in criminal behavior?

Question 24

To what did the President's Commission on Organized Crime attribute this unethical and criminal activity on the part of some defense attorneys?

Question 25

Why is the source of a defense attorneys' legal fees an issue?

Question 26

What are the problems with disciplining unethical conduct by attorneys?