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Sorrells v. United States | 287 U.S. 435 (1932)
Entrapment occurs if a government agent convinces someone to commit a crime that the person wouldn’t have otherwise committed. But does someone who’s tricked into committing a crime still actually commit that crime? Or is entrapment a valid defense to criminal charges? The United States Supreme Court answered this question in Sorrells versus United States.
The National Prohibition Act made it illegal to possess or sell alcohol.
While this act was in effect, an undercover government agent had a conversation with a man named Sorrells about how both men had served in the same Army division during World War One. Partway through that conversation, the agent asked Sorrells to get some liquor for him. Sorrells declined the request. Later in the conversation, the agent asked Sorrells a second time, and Sorrells again declined. However, after further reminiscing about shared wartime experiences, the agent asked a third time. This time, Sorrells left and returned thirty minutes later with a jug of whiskey, which he sold to the agent.
Sorrells was charged with violating the federal prohibition act. Sorrells claimed a defense of entrapment. But the district court ruled that entrapment wasn’t a valid defense and didn’t let Sorrells raise it at trial. Sorrells was convicted and appealed.
The Fourth Circuit affirmed the conviction. The court refused to recognize a general entrapment defense, finding that entrapment provides a defense only if it independently negates an element of the crime. In contrast, all the other circuits to address the issue had recognized a general entrapment defense. The United States Supreme Court accepted review to resolve the circuit split.
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