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Question 1
Josh and Debbie have been married for almost one year. One night, Josh is walking home from work when Shawn approaches Josh and offers to sell him a Tiffany's sterling silver bracelet for $150. Josh is about to accept when Shawn tells him "You'll never get a better price on a necklace like this. I just stole it from the Tiffany's store downtown and I've got to unload is as soon as possible." Josh is a law abiding citizen and as soon as hears that the bracelet is stolen he tells Shawn that he is not interested and continues to walk home. Shawn follows Josh trying to convince him to buy the bracelet and gradually lowering his asking price. After twenty minutes, Shawn tells Josh that Tiffany's is never going to get the bracelet back anyway and makes a final offer to sell the bracelet for $20. Josh, thinking that Shawn's logic makes sense and realizing that the bracelet would make a perfect anniversary gift, accepts the offer. Shawn and Josh then exchange the money for the bracelet. Unfortunately for Josh, a police officer has overheard the entire conversation and he arrests Josh as soon as Josh gives Shawn the $20. Josh is charged with receiving stolen property. If Josh mounts an entrapment defense to try to avoid a conviction, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct A defendant can only raise an entrapment defense if he is not ordinarily predisposed to commit the crime but has been induced to commit the crime by a law enforcement officer or someone working as an agent of a law enforcement officer. Here, Josh is obviously not predisposed to commit this crime since it took Shawn twenty minutes to convince Josh to buy the necklace. However, since Shawn is neither a law enforcement officer nor someone working as an agent of a law enforcement officer, Josh cannot raise an entrapment defense and D is the correct answer.
Incorrect! A defendant can only raise an entrapment defense if he is not ordinarily predisposed to commit the crime but has been induced to commit the crime by a law enforcement officer or someone working as an agent of a law enforcement officer. Here, Josh is obviously not predisposed to commit this crime since it took Shawn twenty minutes to convince Josh to buy the necklace. However, since Shawn is neither a law enforcement officer nor someone working as an agent of a law enforcement officer, Josh cannot raise an entrapment defense and D is the correct answer.
Question 2
Josh and Debbie have been married for almost one year. One night, Josh is walking home from work when Shawn approaches Josh and offers to sell him a Tiffany's sterling silver bracelet for $150. Josh is about to accept when Shawn tells him "You'll never get a better price on a necklace like this. I just stole it from the Tiffany's store downtown and I've got to unload it as soon as possible." Josh is a law abiding citizen and as soon as hears that the bracelet is stolen he tells Shawn that he is not interested and continues to walk home. Shawn follows Josh trying to convince him to buy the bracelet and gradually lowering his asking price. After twenty minutes, Shawn tells Josh that Tiffany's is never going to get the bracelet back anyway and makes a final offer to sell the bracelet for $20. Josh, thinking that Shawn's logic makes sense and realizing that the bracelet would make a perfect anniversary gift, accepts the offer. Shawn and Josh then exchange the money for the bracelet. As soon as Josh gives Shawn the $20 and takes the necklace, Shawn identifies himself as an undercover police officer and puts Josh under arrest. Josh is charged with receiving stolen property. If Josh mounts an entrapment defense to try to avoid a conviction, he will probably be:
Correct A defendant can only raise an entrapment defense if he is not ordinarily predisposed to commit the crime but has been induced to commit the crime by a law enforcement officer or someone working as an agent of a law enforcement officer. Here, Josh is obviously not predisposed to commit this crime since it took Shawn twenty minutes to convince Josh to buy the necklace. In addition, since Shawn is a police officer, Josh can raise an entrapment defense and A is the correct answer.
Incorrect! A defendant can only raise an entrapment defense if he is not ordinarily predisposed to commit the crime but has been induced to commit the crime by a law enforcement officer or someone working as an agent of a law enforcement officer. Here, Josh is obviously not predisposed to commit this crime since it took Shawn twenty minutes to convince Josh to buy the necklace. In addition, since Shawn is a police officer, Josh can raise an entrapment defense and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
One night, Josh is walking home from work when Shawn approaches Josh and offers to sell him a Tiffany's sterling silver bracelet for $150. Josh is about to accept when Shawn tells him "You'll never get a better price on a necklace like this. I just stole it from the Tiffany's store downtown and I've got to unload is as soon as possible." Josh is a computer programmer but he runs a small side business trafficking in stolen goods as well. As soon as hears that the bracelet is stolen and that Shawn needs to get rid of it, he bargains Shawn down to a price of $20. As soon as Josh gives Shawn the $20 and takes the necklace, Shawn identifies himself as an undercover police officer and puts Josh under arrest. Josh is charged with receiving stolen property. If Josh mounts an entrapment defense to try to avoid a conviction, he will probably be:
Correct
Incorrect!
Correct A defendant can only raise an entrapment defense if he is not ordinarily predisposed to commit the crime but has been induced to commit the crime by a law enforcement officer or someone working as an agent of a law enforcement officer. Here, although Shawn is a police officer, he did not induce Josh to commit the crime. He only provided Josh with the opportunity to commit the crime, which is not enough to constitute entrapment. Further, Josh is obviously predisposed to commit this crime since he does traffic is stolen goods. That being the case, Josh cannot raise an entrapment defense and B is the correct answer.
Incorrect! A defendant can only raise an entrapment defense if he is not ordinarily predisposed to commit the crime but has been induced to commit the crime by a law enforcement officer or someone working as an agent of a law enforcement officer. Here, although Shawn is a police officer, he did not induce Josh to commit the crime. He only provided Josh with the opportunity to commit the crime, which is not enough to constitute entrapment. Further, Josh is obviously predisposed to commit this crime since he does traffic is stolen goods. That being the case, Josh cannot raise an entrapment defense and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 4
One night, Josh is walking home from work when Shawn approaches Josh and offers to sell him a Tiffany's sterling silver bracelet for $150. Josh is about to accept when Shawn tells him "You'll never get a better price on a necklace like this. I just stole it from the Tiffany's store downtown and I've got to unload is as soon as possible." Josh is a computer programmer but he runs a small side business trafficking in stolen goods as well. However, he is not interested in buying anything on this night. Shawn follows Josh trying to convince him to buy the bracelet and gradually lowering his asking price. After twenty minutes, Josh accepts Shawn's offer. As soon as Josh gives Shawn the money and takes the necklace, Shawn identifies himself as an undercover police officer and puts Josh under arrest. Josh is charged with receiving stolen property. If Josh mounts an entrapment defense to try to avoid a conviction, he will probably be:
Correct
Incorrect!
Correct A defendant can only raise an entrapment defense if he is not ordinarily predisposed to commit the crime but has been induced to commit the crime by a law enforcement officer or someone working as an agent of a law enforcement officer. However, because the issue of predisposition is so important in determining whether or not the defendant can use the entrapment defense, if the jury finds that the defendant was predisposed to commit the crime he committed, he will not be allowed to use the entrapment defense no matter how extensive police participation was in inducing the defendant to commit the crime. In this case, Josh was clearly induced to commit the crime on this particular occasion. Nevertheless, because he is predisposed to commit the crime, he will not be able to raise the entrapment defense and B is the correct answer.
Incorrect! A defendant can only raise an entrapment defense if he is not ordinarily predisposed to commit the crime but has been induced to commit the crime by a law enforcement officer or someone working as an agent of a law enforcement officer. However, because the issue of predisposition is so important in determining whether or not the defendant can use the entrapment defense, if the jury finds that the defendant was predisposed to commit the crime he committed, he will not be allowed to use the entrapment defense no matter how extensive police participation was in inducing the defendant to commit the crime. In this case, Josh was clearly induced to commit the crime on this particular occasion. Nevertheless, because he is predisposed to commit the crime, he will not be able to raise the entrapment defense and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 5
One night, Josh is walking home from work when Shawn approaches Josh and offers to sell him a Tiffany's sterling silver bracelet for $150. Josh is about to accept when Shawn tells him "You'll never get a better price on a necklace like this. I just stole it from the Tiffany's store downtown and I've got to unload is as soon as possible." Josh is a computer programmer but he runs a small side business trafficking in stolen goods as well. However, he is not interested in buying anything on this night. Shawn follows Josh trying to convince him to buy the bracelet and gradually lowering his asking price. After twenty minutes, Josh accepts Shawn's offer. As soon as Josh gives Shawn the money and takes the necklace, Shawn identifies himself as an undercover police officer and puts Josh under arrest. Josh is charged with receiving stolen property. If Josh is tried in a jurisdiction that follows the Model Penal Code's rules of entrapment and mounts an entrapment defense to try to avoid a conviction, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct According to the Model Penal Code, the court will find entrapment if the defendant committed his offense as a result of activity by a law enforcement official that was likely to induce a reasonable person to commit a crime. This being the case, entrapment is based solely on the conduct of the law enforcement official. If the conduct is such that it would have induced a reasonable person to commit a crime, the defendant will be able to use the entrapment defense even if he is predisposed to commit the crime and even if he responded readily to the opportunity to commit the crime when it was given to him. In this case, although Josh was predisposed to commit the crime, it was Shawns inducement that caused him to commit the crime on this particular occasion. Since Shawns actions might have been enough to induce a reasonable person to commit the crime, under the Model Penal code, Josh can raise an entrapment defense and C is the correct answer.
Incorrect! According to the Model Penal Code, the court will find entrapment if the defendant committed his offense as a result of activity by a law enforcement official that was likely to induce a reasonable person to commit a crime. This being the case, entrapment is based solely on the conduct of the law enforcement official. If the conduct is such that it would have induced a reasonable person to commit a crime, the defendant will be able to use the entrapment defense even if he is predisposed to commit the crime and even if he responded readily to the opportunity to commit the crime when it was given to him. In this case, although Josh was predisposed to commit the crime, it was Shawns inducement that caused him to commit the crime on this particular occasion. Since Shawns actions might have been enough to induce a reasonable person to commit the crime, under the Model Penal code, Josh can raise an entrapment defense and C is the correct answer.