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96 J. Crim. L. & Criminology 107 (2005-2006)
The Political Economy of Entrapment

handle is hein.journals/jclc96 and id is 117 raw text is: 0091-4169/05/9601-0107
THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY                              Vol. 96, No. I
Copyright   2005 by Northwestern University School of Law           Printedin U.S.A.
By the time she was eighteen, Amy Lively was drinking heavily.' At
age twenty-one, after two detoxification programs and in the midst of a
divorce, she was emotionally distraught and attempted suicide.2 Weeks
later, while attending an Alcoholics Anonymous/Narcotics Anonymous
(AA/NA) meeting, she met a man, Koby Desai.3 Lively found Desai
supportive and responsive to her emotional needs,4 and later moved into
his apartment.5 Desai asked her to sell cocaine to a friend6 and, on two
* Guy Raymond Jones Professor of Law, University of Illinois College of Law. The
topic of entrapment is wonderfully perplexing and I have toiled on various drafts since 1998.
Along the way, I learned much from the comments of Al Alschuler, Jack Balkin, Mary Anne
Case, Dhammika Dharmapala, Margareth Etienne, Lee Fennell, Stan Fisher, Bernard
Harcourt, Nuno Garoupa, Tom Ginsburg, Dave Haddock, Rick Hasen, Louis Kaplow, Hal
Krent, Andy Leipold, Saul Levmore, Dan Markovits, Steve Marks, Anna Marshall, Tracey
Meares, Mike Meurer, Michael Moore, Janice Nadler, Eric Posner, Mark Ramseyer, Eric
Rasmusen, Declan Roche, Jackie Ross, Ken Simons, Steve Shavell, Henry Smith, Bill
Stuntz, Tom Ulen, and the participants at faculty workshops at BU, Chicago, Cornell,
Illinois, Loyola (Los Angeles), Northwestern, Rutgers-Camden, Texas, and Vanderbilt. In
addition, I gained valuable insight from the Stanford and Yale Legal Theory workshops, the
Harvard law and economics workshop, an economics workshop at Australian National
University, a Harvard conference on the Economics of Law Enforcement, and annual
meetings of the American Law & Economics Association and the Comparative Law &
Economics Forum. For research assistance, I thank Valerie Demaret, Jim Hartman, Jordan
Jonis, Stephanie Reinhart, Miriam Seirig, and Shyni Varghese.
1 State v. Lively, 921 P.2d 1035, 1038 (Wash. 1996).
2 id.
3 Id.
5 Id. at 1038-39. Lively said the relationship was sexual; Desai said it was not and that
Lively stayed in a separate bedroom. Id. at 1039.
6 Although Desai testified that Lively first raised the possibility of selling cocaine, id at
1039, nothing in the appellate decision suggests that he ever denied having requested that
Lively to sell to his friend.

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