Jacobson v. United States, 503 U.S. 540, 22 (1992)

Page:   Index   Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22

Cite as: 503 U. S. 540 (1992)

O'Connor, J., dissenting

nal activity here or an innocent dupe. The jury is the traditional "defense against arbitrary law enforcement." Duncan v. Louisiana, 391 U. S. 145, 156 (1968). Indeed, in Sorrells, in which the Court was also concerned about overzealous law enforcement, the Court did not decide itself that the Government conduct constituted entrapment, but left the issue to the jury. 287 U. S., at 452. There is no dispute that the jury in this case was fully and accurately instructed on the law of entrapment, and nonetheless found Mr. Jacobson guilty. Because I believe there was sufficient evidence to uphold the jury's verdict, I respectfully dissent.

561

Page:   Index   Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22

Last modified: October 4, 2007