Question:
Revise the Phase Key Assignment based on instructor feedback and peer review.
Instructor feedback:
Strengths: Well written and organized project. Excellent legal analysis. Good use of resources. Great analysis of the entrapment defense.
Opportunities for improvement: Well written and organized project. Although, be aware that police only need probable cause to conduct an arrest and seizure. In this IP4 fact pattern the original contact was a consensual encounter.
Address the following, and add your responses to your Key Assignment revision:
What is the difference between an intermediate appellate court and a high appellate court? Are they referred to by other names? Explain.
What options does the court have regarding the case in question? Be specific.
If the appellate court finds that the defense is valid and reverses the judgment, will you be held liable either civilly, criminally, or both? Will the department be held liable?
If you or the department is held liable, explain the theory involved.
Title of the case:
Entrapment is known as such defence to the criminal charges which are based on the interaction between the defendant and the police officer. A typical scenario of the entrapment arises when any officer related to the law enforcement uses coercion and the overbeating tactics were used to provoke someone for committing a crime.
Sherman v. U.S.: Government Inducement
Facts: In this case the Joseph Sherman was recovering from the addiction to the drug. Here the informer of the government approached him and through many attempts persuaded him for the abandon of the treatment and to again get back into the addiction. This will help the both to avoid the sufferings that are caused due to the treatment and the recovery (Borgida and Park, 2011).
Issues:
In this case as Sherman many times refused for it, but Sherman was provided with the money by the informer for buying drugs and finally he was persuaded to buy the drug which is to be shared by the two men (Hastings, 2009).
Decisions:
In this case it was considered by the court that the relentless efforts of the government agents was not only to obtain the drugs, but also to convince the Sherman for not completing the treatment and to move back to his life of addiction. Hence, from the evidences court concluded that the evidence that were established for the entrapment was the matter of law.
Be sure to reference all sources using APA style.