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94 J. Crim. L. & Criminology 827 (2003-2004)
Unraveling Unlawful Entrapment

handle is hein.journals/jclc94 and id is 837 raw text is: 009 1-4 169/04/9404-0827
THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY                             Vol. 94, No. 4
Copyright © 2004 by Northwesten University, School of Law           Printed in U.S.A.
Entrapment is as old as a pleasant garden, a forbidden fruit, and a
subtle snake. The serpent beguiled me, and I did eat, pleaded Eve in
response to an accusing Lord God.' Early English cases report instances of
citizens being lured into crime so they might be apprehended.2 Nineteenth
century American cases similarly record examples of persons tempted to
illegality  for the purpose of subjecting them       to criminal sanctions .
Entrapment as a social phenomenon has long been with us.
.Associate Professor of Law, Wayne State University Law School. A.B., Harvard
University; J.D., Columbia University School of Law; LL.M., Columbia University School
of Law. I thank Anthony Duff, Stuart Green, and Peter Henning, whose insightful comments
and critiques should in no way be construed as endorsements.
'Genesis 3:13 (King James).   The theme of entrapment is explicit in Milton's
chronicling of the fall of man. Milton describes the plans of the envious fallen angels to
bring Man into God's disfavor by tempting him to transgress. See JOHN MILTON, PARADISE
LOST, bk. 2, II. 361-69 (1667).
2 See Rex v. Bickley, 2 Crim. App. R. 53, 73 J.P. 239 (C.C.A. 1909) (undercover police
officer convinces chemist to sell aborticide); Regina v. Titley, 14 Cox Crim. Cas. 502 (Cent.
Crim. Ct. 1880) (same); Rex v. Holden, 127 Eng. Rep. 1107 (Cr. Cas. Res. 1810) (bank
agents solicit defendants to purchase forged notes).
3 See People v. Mills, 70 N.E. 786 (N.Y. 1904) (undercover police officer provides
indictments for defendant to steal); Bd. of Commr's v. Backus, 29 How. Pr. 33 (N.Y. Sup.
Ct. 1864) (defendant sells liquor without a license to police agents and then is sued for
penalty); President of the Town of St. Charles v. O'Mailey, 18 III 407 (1857) (same).

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