Thursday, April 18, 2013
Rebecca Roiphe (New York Law School) has posted The Serpent Beguiled Me: A History of the Entrapment Defense on SSRN. Here is the abstract:
This article argues that the entrapment defense grew as a response to the increasingly pervasive and invasive forms of law enforcement, but it was not an inevitable reaction to the sudden expansion in the nature and scope of state and federal police power. Entrapment emerged as a piece of a puzzle: an innovative way to police the boundaries between government and the individual in the newly drawn precincts of the modern state.