Is a defendant's ability to handle a defense of entrapment defense of his own?

California, United States of America


The following excerpt is from People v. Sherman, 211 Cal.App.2d 419, 27 Cal.Rptr. 353 (Cal. App. 1962):

Clearly, the court's duty, if any, to probe into defendant's ability to handle a defense of entrapment had not arisen at the time he permitted defendant to take over his own defense. Defendant was then in the same position (so [211 Cal.App.2d 427] far as this matter is concerned) as if he had never been represented by a lawyer. People v. Mattson, 51 Cal.2d 777, 788, 336 P.2d 937, 946: "In a criminal action the defendant is entitled: * * * 2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel.' (Pen.Code, 686.)

Page 357

Other Questions


What is the impact of section 352 of the California Criminal Code on a defendant's ability to present his defense? (California, United States of America)
Can a defendant rely on a 'defendant is relying on such a defense?' (California, United States of America)
Does a finding of unusual circumstances need to overcome the presumption that a defendant sentenced to state prison does not have the ability to reimburse his defense costs? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Can the prosecution in a criminal case compel the defense to accept a stipulation that would deprive the state of its ability to present persuasive and forceful defense evidence? (California, United States of America)
Is a defendant's right to testify in his own defense justified when the trial court rejects a request by the defense to reopen his case? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
In what circumstances will a defendant be denied the affirmative defense of entrapment? (California, United States of America)
Does a jury have to decide whether a defendant acted in self-defense against another defendant in a domestic violence case? (California, United States of America)
Is a defendant's best defense the best defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.