Exam 11: Organizing a Criminal Defense

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What are the facts of United States v. Russell?

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An undercover police officer agreed to supply an essential ingredient Russell did not have of methamphetamine in return for half the total amount manufactured The officer's intent was to locate the illegal drug lab

What is duress?

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Threat of serious and immediate bodily harm without a reasonable possibility of escape, causing a person to engage in a criminal act

What is the objective formulation of the entrapment defense?

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Entrapment occurs when the government induces someone to commit a crime by making false representations about the lawfulness of conduct or employs methods that create a substantial risk that an offense will be committed by an innocent unpredisposed person See Table 112 in the text

What was the court's rationale?

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What is the purpose of the entrapment defense?

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Why did the U.S. Supreme Court uphold Russell's conviction?

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How did defense attorney Frank Ragano believe he "crossed the line" between representing a client and engaging in criminal behavior?

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What did the court hold?

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Is amnesia a defense?

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What is the subjective formulation of the entrapment defense?

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Is mistake in advice on the part of counsel a defense?

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What is the primary difference between these two formulations?

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What are the problems with disciplining unethical conduct by attorneys?

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What did the dissent say in this case?

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How did the U.S. Supreme Court rule and why?

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When is the defense of duress disallowed?

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What are the facts of Jacobson v. United States?

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Why is the source of a defense attorneys' legal fees an issue?

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To what did the President's Commission on Organized Crime attribute this unethical and criminal activity on the part of some defense attorneys?

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What is the issue of mob lawyers?

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