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02/09/76 PEOPLE v. ASHER

February 9, 1976

PEOPLE
v.
ASHER



Appeal from Wayne, Victor J. Baum, J.

J. H. Gillis, P. J., and Bronson and T. M. Burns, JJ. Bronson, J., concurred. J. H. Gillis, P. J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. -- Entrapment -- Objective Test -- Police Conduct -- PreDisposition of Defendant.

The objective test of entrapment focuses on the conduct of the police; entrapment exists if the police act in such a way as to instigate or manufacture the crime, regardless of the defendant's preDisposition to commit the offense.

2. -- Entrapment -- Trial Court.

Entrapment is a question to be determined by the trial court.

Dissent by J.H. Gillis, P.J.

3. -- Entrapment -- Objective Test -- Reasonable Person Standard -- Police Conduct -- Case-by-Case Determination.

The objective test of entrapment focuses on police conduct which is measured against a reasonable person, one "not ready and willing to commit" the crime, and entrapment exists only where police conduct is such that it could induce a reasonable person to commit the crime; it must be determined in each case whether the police offer is one of a reasonable quid pro quo for performance or one that is too attractive to refuse.

4. -- Entrapment -- Need for Guidelines -- Character Weaknesses -- Police Conduct.

Clarification by the Michigan Supreme Court is needed to provide standards for applying the objective test of entrapment to cases involving persons with character weaknesses and police action which may prevail upon those weaknesses.

The opinion of the court was delivered by: Burns

Patrick Asher was charged with delivery of cocaine. From an order dismissing the charge, the ...


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