Federal Entrapment Standard
During the prohibition days, an undercover agent sought out C.V. Sorrells in Canton, N.C., to try to buy a jug of moonshine whiskey. Sorrells, himself a non-drinker, repeatedly declined the agent's requests, but the agent persisted, playing on Sorrells' sympathies for "an old former war buddy." Finally, Sorrells relented and went to a bootlegger in a nearby town and brought back a half-gallon of whiskey. Sorrells was convicted of violating the National Prohibition Act, and he appealed to the U.S. Supreme Court, arguing that he had been entrapped into committing the crime. The Supreme Court agreed and reversed his conviction.
Said the court, "It is well settled that the fact that officers or employees of the government merely afford opportunities or facilities for the commission of the offense does not defeat the prosecution. A different question is presented when the criminal design originates with the officials of the government, and they implant in the mind of an innocent person the disposition to commit the alleged offense and induce its commission in order that they may prosecute.
"The first duties of the officers of the law are to prevent, not to punish crime. It is not their duty to incite to and create crime for the sole purpose of prosecuting and punishing it. It is unconscionable, contrary to public policy, and to the established law of the land to punish a man for the commission of an offense of the like of which he had never been guilty and evidently never would have been guilty if the officers of the law had not inspired, incited, persuaded, and lured him to attempt to commit it." (Sorrells v. U.S.)
In the days since the Sorrells case, the court has focused the entrapment inquiry on the two issues of whether law enforcement officials or their agents provoked the crime, and whether the suspect was already inclined to commit it. "A valid entrapment defense has two related elements: government inducement of the crime, and a lack of predisposition on the part of the defendant to engage in the criminal conduct." (Mathews v. U.S.) The facts and holdings of four other U.S. Supreme Court cases illustrate these elements.