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Authors

Peter O'Connor

Abstract

This article contrasts the different approaches to dealing with entrapment: the due process rubric of the New York Court of Appeals and the predisposition framework set forth by the United States Supreme Court. The New York Court of Appeals reliance on government lawlessness rather than the Supreme Court's plurality focus on fourth and fifth amendment violations may cause less uncertainty and provide a better guidepost moving forward.

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Criminal Law Commons

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