What is the test for the affirmative defense of entrapment?

California, United States of America


The following excerpt is from People v. Uhlemann, 100 Cal.Rptr. 539, 24 Cal.App.3d 608 (Cal. App. 1972):

Defendant was arrested and charged with selling marijuana. After an extensive preliminary examination, the magistrate dismissed the complaint on the ground that, while there was probable cause to believe defendant had committed the offense charged, he had established the affirmative defense of entrapment. The People then obtained an indictment on which defendant was tried and convicted, but the court granted a new trial and dismissed the action on the basis of Jones v. Superior Court (1971) 4 Cal.3d 660, 94 Cal.Rptr. 289, 483 P.2d 1241, which was decided shortly after defendant's trial.

The People's sole contention on appeal is that the rule of Jones v. Superior Court, supra, does not compel the result reached by the trial court in dismissing the action. The contention is correct.

Other Questions


Does the defense have to argue to the jury an affirmative defense of consensual sodomy? (California, United States of America)
Is a defense counsel incompetent for failure to raise the defense of entrapment? (California, United States of America)
Does the entrapment defense need to be consistent with the defense presented at trial? (California, United States of America)
What is the burden of proving an affirmative defense of entrapment by a preponderance? (California, United States of America)
Is a mistake-of-fact defense defense defense harmless? (California, United States of America)
What is the legal test for a defense counsel to pursue an innocence defense rather than a voluntary intoxication defense? (California, United States of America)
In what circumstances will a defendant be denied the affirmative defense of entrapment? (California, United States of America)
Is a defendant's ability to handle a defense of entrapment defense of his own? (California, United States of America)
Is a federal or state law error for failing to instruct on a requested affirmative defense instruction supported by substantial evidence? (California, United States of America)
Does a court have a duty to instruct on the defense of others as a legal defense to assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.