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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. UNRAVELING UNLAWFUL ENTRAPMENT ANTHONY M. DILLOF* I. INTRODUCTION 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).