Since the acknowledgement of the entrapment defense by the Supreme Court in the case of Sorrells v. United States 287 U.S. 435 (1932) there have been discussions on how it should be applied. There are two schools of thought for the application of the entrapment defense. One is the objective test and the other is the subjective test for entrapment. The subjective test focuses on the defendant's predisposition while the objective test focuses on the activity of the government. The federal courts and thirty eight states use the subjective test for entrapment. Florida is one of the states that use the subjective test for entrapment.
The majority of this study is focused on the history and application of the entrapment defense, with a focus on the state of Florida. The study will aim to examine the ramifications of applying a subjective test for entrapment. Furthermore, this study will shed some light on problems with the way the entrapment defense is applied in Florida. This study has led to new ideas about how and why a new test for entrapment should be embraced by the courts in Florida.
Identifer | oai:union.ndltd.org:ucf.edu/oai:stars.library.ucf.edu:honorstheses1990-2015-1631 |
Date | 01 January 2007 |
Creators | Chanoine, Jean-Marc |
Publisher | STARS |
Source Sets | University of Central Florida |
Language | English |
Detected Language | English |
Type | text |
Source | HIM 1990-2015 |
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