due-process-entrapment defense (New Jersey) · Go Syfert
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due-process-entrapment defense in New Jersey

5 New Jersey opinions name it 2 courts 1992–2018 0 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
United States v. Jannottigreen
paed · 1980 · cited in 1 New Jersey opinions naming this issue, 1992–1992
2 sentences

1992See United States v. Twigg, 588 F. 2d 373, 377-81 (3d Cir.1978); United States v. Batres-Santolino, 521 F. Supp. 744, 750-52 (N.D.Cal. 1981); United States v. Jannotti, 501 F. Supp. 1182, 1203-05 (E.D.Pa. 1980) (sustaining defense), rev'd, 673 F. 2d 578 (3d Cir.), cert. denied, 457 U.S. 1106 , 102 S.Ct. 2906 , 73 L.Ed. 2d 1315 (1982).

1992See United States v. Twigg, 588 F.2d 373, 377-81 (3d Cir.1978); United States v. Batres-Santolino, 521 F.Supp. 744, 750-52 (N.D.Cal.1981); United States v. Jannotti, 501 F.Supp. 1182, 1203-05 (E.D.Pa.1980) (sustaining defense), rev’d, 673 F.2d 578 (3d Cir.), cert. denied, 457 U.S. 1106 , 102 S.Ct. 2906 , 73 L.Ed.2d 1315 (1982).

11
United States v. Kwong Shing Sogreen
ca9 · 1985 · cited in 1 New Jersey opinions naming this issue, 1992–1992
2 sentences

1992The highly restrictive approach to the due-process-entrapment defense that characterizes the federal court opinions is based on the commonly-held view that "the due process channel which Russell kept open is a most narrow one," United States v. Ryan, 548 F. 2d 782 , 789 *491 (9th Cir.), cert. denied, 429 U.S. 939 , 97 S.Ct. 354 , 50 L.Ed. 2d 308 (1976), and 430 U.S. 965 , 95 S.Ct. 1644 , 52 L.Ed. 2d 356 (1977), and the related view that the defense is available only where "the government is so involved in the criminal endeavor that it shocks our sense of justice." United States v. So, 755 F. 2

1992The highly restrictive approach to the due-process-entrapment defense that characterizes the federal court opinions is based on the commonly-held view that “the due process channel which Russell kept open is a most narrow one,” United States v. Ryan, 548 F.2d 782, 789 (9th Cir.), cert. denied, 429 US. 939, 97 S.Ct. 354 , 50 L.Ed.2d 308 (1976), and 430 U.S. 965 , 95 S.Ct. 1644 , 52 L.Ed.2d 356 (1977), and the related view that the defense is available only where “the government is so involved in the criminal endeavor that it shocks our sense of justice.” United States v. So, 755 F.2d 1350, 1353

11
Sherman v. United Statesgreen
scotus · 1958 · cited in 1 New Jersey opinions naming this issue, 1992–1992
2 sentences

1992"Public confidence in the fair and honorable administration of justice, upon which ultimately depends the rule of law, is the transcending value at stake." Sherman v. United States, supra, 356 U.S. at 380 , 78 S.Ct. at 825 , 2 L.Ed. 2d at 856 (Frankfurter, J., concurring). *495 The unseemliness of the government's role in this case compellingly justifies the application of a due-process-entrapment defense: We have not accepted the view that this highly discrete group of extreme cases of police brutality defines the limits of unconstitutionally outrageous governmental conduct.

1992"Public confidence in the fair and honorable administration of justice, upon which ultimately depends the rule of law, is the transcending value at stake." Sherman v. United States, supra, 356 U.S. at 380 , 78 S.Ct. at 825 , 2 L.Ed. 2d at 856 (Frankfurter, J., concurring). *495 The unseemliness of the government's role in this case compellingly justifies the application of a due-process-entrapment defense: We have not accepted the view that this highly discrete group of extreme cases of police brutality defines the limits of unconstitutionally outrageous governmental conduct.

11
United States v. James G. Ryan, United States of America v. Adrian Wilson, United States of America v. Bernard Zeldingreen
ca9 · 1976 · cited in 1 New Jersey opinions naming this issue, 1992–1992
2 sentences

1992The highly restrictive approach to the due-process-entrapment defense that characterizes the federal court opinions is based on the commonly-held view that "the due process channel which Russell kept open is a most narrow one," United States v. Ryan, 548 F. 2d 782 , 789 *491 (9th Cir.), cert. denied, 429 U.S. 939 , 97 S.Ct. 354 , 50 L.Ed. 2d 308 (1976), and 430 U.S. 965 , 95 S.Ct. 1644 , 52 L.Ed. 2d 356 (1977), and the related view that the defense is available only where "the government is so involved in the criminal endeavor that it shocks our sense of justice." United States v. So, 755 F. 2

1992The highly restrictive approach to the due-process-entrapment defense that characterizes the federal court opinions is based on the commonly-held view that “the due process channel which Russell kept open is a most narrow one,” United States v. Ryan, 548 F.2d 782, 789 (9th Cir.), cert. denied, 429 US. 939, 97 S.Ct. 354 , 50 L.Ed.2d 308 (1976), and 430 U.S. 965 , 95 S.Ct. 1644 , 52 L.Ed.2d 356 (1977), and the related view that the defense is available only where “the government is so involved in the criminal endeavor that it shocks our sense of justice.” United States v. So, 755 F.2d 1350, 1353

11
United States v. William Christopher Twigg, Iii, United States of America v. Henry Alfred Nevillegreen
ca3 · 1978 · cited in 1 New Jersey opinions naming this issue, 1992–1992
2 sentences

1992See United States v. Twigg, 588 F. 2d 373, 377-81 (3d Cir.1978); United States v. Batres-Santolino, 521 F. Supp. 744, 750-52 (N.D.Cal. 1981); United States v. Jannotti, 501 F. Supp. 1182, 1203-05 (E.D.Pa. 1980) (sustaining defense), rev'd, 673 F. 2d 578 (3d Cir.), cert. denied, 457 U.S. 1106 , 102 S.Ct. 2906 , 73 L.Ed. 2d 1315 (1982).

1992See United States v. Twigg, 588 F.2d 373, 377-81 (3d Cir.1978); United States v. Batres-Santolino, 521 F.Supp. 744, 750-52 (N.D.Cal.1981); United States v. Jannotti, 501 F.Supp. 1182, 1203-05 (E.D.Pa.1980) (sustaining defense), rev’d, 673 F.2d 578 (3d Cir.), cert. denied, 457 U.S. 1106 , 102 S.Ct. 2906 , 73 L.Ed.2d 1315 (1982).

11
United States v. Batres-Santolinogreen
cand · 1981 · cited in 1 New Jersey opinions naming this issue, 1992–1992
2 sentences

1992See United States v. Twigg, 588 F. 2d 373, 377-81 (3d Cir.1978); United States v. Batres-Santolino, 521 F. Supp. 744, 750-52 (N.D.Cal. 1981); United States v. Jannotti, 501 F. Supp. 1182, 1203-05 (E.D.Pa. 1980) (sustaining defense), rev'd, 673 F. 2d 578 (3d Cir.), cert. denied, 457 U.S. 1106 , 102 S.Ct. 2906 , 73 L.Ed. 2d 1315 (1982).

1992See United States v. Twigg, 588 F.2d 373, 377-81 (3d Cir.1978); United States v. Batres-Santolino, 521 F.Supp. 744, 750-52 (N.D.Cal.1981); United States v. Jannotti, 501 F.Supp. 1182, 1203-05 (E.D.Pa.1980) (sustaining defense), rev’d, 673 F.2d 578 (3d Cir.), cert. denied, 457 U.S. 1106 , 102 S.Ct. 2906 , 73 L.Ed.2d 1315 (1982).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
State v. Johnson green
nj · 1992
2 sentences

1992In my view, the due-process-entrapment defense based on our State constitution and endorsed by the Court's opinion, ante at 472-75, 606 A. 2d at 322-23 , warrants dismissal of the indictment on the record before us.

1992Because in my view the character of the governmental conduct revealed by the grand jury record sufficiently establishes the due-process-entrapment defense embraced by the Court's opinion, ante at 472-75, 606 A. 2d at 322-23 , recognition of the State's law-enforcement interest compels the acknowledgment that the grand jury proceeding may not have included all of the evidence material to the State's contention that the entrapment defense should fail.

31992–2007
State v. Florez green
nj · 1994
1 sentence

2018Florez, 134 N.J. at 590 .

12018–2018
State v. Grubb green
njsuperctappdiv · 1999
1 sentence

2000State v. Grubb, 319 N.J.Super. 407, 414-15 , 725 A. 2d 707 (App.Div. 1999).

12000–2000
State v. Grubb green
njsuperctappdiv · 1999
1 sentence

2000State v. Grubb, 319 N.J.Super. 407, 414-15 , 725 A. 2d 707 (App.Div. 1999).

12000–2000
United States of America, in No. 81-1020 v. Jannotti, Harry P. United States of America, in No. 81-1021 v. Schwartz, George X green
ca3 · 1982
2 sentences

1992See United States v. Twigg, 588 F. 2d 373, 377-81 (3d Cir.1978); United States v. Batres-Santolino, 521 F. Supp. 744, 750-52 (N.D.Cal. 1981); United States v. Jannotti, 501 F. Supp. 1182, 1203-05 (E.D.Pa. 1980) (sustaining defense), rev'd, 673 F. 2d 578 (3d Cir.), cert. denied, 457 U.S. 1106 , 102 S.Ct. 2906 , 73 L.Ed. 2d 1315 (1982).

1992See United States v. Twigg, 588 F.2d 373, 377-81 (3d Cir.1978); United States v. Batres-Santolino, 521 F.Supp. 744, 750-52 (N.D.Cal.1981); United States v. Jannotti, 501 F.Supp. 1182, 1203-05 (E.D.Pa.1980) (sustaining defense), rev’d, 673 F.2d 578 (3d Cir.), cert. denied, 457 U.S. 1106 , 102 S.Ct. 2906 , 73 L.Ed.2d 1315 (1982).

11992–1992
United States v. Roy Moreno Ramirez, United States of America v. Robert H. Reynolds green
ca9 · 1983
2 sentences

1992We have held that law enforcement conduct also becomes constitutionally unacceptable "where government agents engineer and direct the criminal enterprise from start to finish," Ramirez, 710 F.2d at 539 ; So, 755 F.2d at 1353 , or when governmental conduct constitutes "in effect, the generation by police of new crimes merely for the sake of pressing criminal charges against the defendant." Ramirez, 710 F.2d at 540 . * * * * * * * * Our view, shared by Justice Brandeis, that a crime manufactured by the government "from whole cloth" would constitute outrageous conduct also has a firm jurisprudent

1992We have held that law enforcement conduct also becomes constitutionally unacceptable "where government agents engineer and direct the criminal enterprise from start to finish," Ramirez, 710 F.2d at 539 ; So, 755 F.2d at 1353 , or when governmental conduct constitutes "in effect, the generation by police of new crimes merely for the sake of pressing criminal charges against the defendant." Ramirez, 710 F.2d at 540 . * * * * * * * * Our view, shared by Justice Brandeis, that a crime manufactured by the government "from whole cloth" would constitute outrageous conduct also has a firm jurisprudent

11992–1992
United States v. Russell green
scotus · 1973
2 sentences

1992That defense was first identified by the United States Supreme Court in United States v. Russell, supra, 411 U.S. 423 , 93 S.Ct. 1637 , 36 L.Ed.2d 366 , in which the Court reinstated the defendant’s convictions for the illegal manufacture and sale of methamphetamine, reversing the Court of Appeals decision setting aside the conviction on entrapment grounds.

1992That defense was first identified by the United States Supreme Court in United States v. Russell, supra, 411 U.S. 423 , 93 S.Ct. 1637 , 36 L.Ed.2d 366 , in which the Court reinstated the defendant’s convictions for the illegal manufacture and sale of methamphetamine, reversing the Court of Appeals decision setting aside the conviction on entrapment grounds.

11992–1992
Ryan v. United States green
scotus · 1977
2 sentences

1992The highly restrictive approach to the due-process-entrapment defense that characterizes the federal court opinions is based on the commonly-held view that "the due process channel which Russell kept open is a most narrow one," United States v. Ryan, 548 F. 2d 782 , 789 *491 (9th Cir.), cert. denied, 429 U.S. 939 , 97 S.Ct. 354 , 50 L.Ed. 2d 308 (1976), and 430 U.S. 965 , 95 S.Ct. 1644 , 52 L.Ed. 2d 356 (1977), and the related view that the defense is available only where "the government is so involved in the criminal endeavor that it shocks our sense of justice." United States v. So, 755 F. 2

1992The highly restrictive approach to the due-process-entrapment defense that characterizes the federal court opinions is based on the commonly-held view that “the due process channel which Russell kept open is a most narrow one,” United States v. Ryan, 548 F.2d 782, 789 (9th Cir.), cert. denied, 429 US. 939, 97 S.Ct. 354 , 50 L.Ed.2d 308 (1976), and 430 U.S. 965 , 95 S.Ct. 1644 , 52 L.Ed.2d 356 (1977), and the related view that the defense is available only where “the government is so involved in the criminal endeavor that it shocks our sense of justice.” United States v. So, 755 F.2d 1350, 1353

11992–1992
Gangadean v. United States green
scotus · 1977
1 sentence

1992The highly restrictive approach to the due-process-entrapment defense that characterizes the federal court opinions is based on the commonly-held view that "the due process channel which Russell kept open is a most narrow one," United States v. Ryan, 548 F. 2d 782 , 789 *491 (9th Cir.), cert. denied, 429 U.S. 939 , 97 S.Ct. 354 , 50 L.Ed. 2d 308 (1976), and 430 U.S. 965 , 95 S.Ct. 1644 , 52 L.Ed. 2d 356 (1977), and the related view that the defense is available only where "the government is so involved in the criminal endeavor that it shocks our sense of justice." United States v. So, 755 F. 2

11992–1992
Jannotti v. United States green
scotus · 1982
2 sentences

1992See United States v. Twigg, 588 F.2d 373, 377-81 (3d Cir.1978); United States v. Batres-Santolino, 521 F.Supp. 744, 750-52 (N.D.Cal.1981); United States v. Jannotti, 501 F.Supp. 1182, 1203-05 (E.D.Pa.1980) (sustaining defense), rev’d, 673 F.2d 578 (3d Cir.), cert. denied, 457 U.S. 1106 , 102 S.Ct. 2906 , 73 L.Ed.2d 1315 (1982).

1992See United States v. Twigg, 588 F.2d 373, 377-81 (3d Cir.1978); United States v. Batres-Santolino, 521 F.Supp. 744, 750-52 (N.D.Cal.1981); United States v. Jannotti, 501 F.Supp. 1182, 1203-05 (E.D.Pa.1980) (sustaining defense), rev’d, 673 F.2d 578 (3d Cir.), cert. denied, 457 U.S. 1106 , 102 S.Ct. 2906 , 73 L.Ed.2d 1315 (1982).

11992–1992

Where else courts name it

NJ 5 (1992–2018) FL 2 (2000–2016) TN 2 (2001–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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