What is the test for a novel defense in drug trafficking cases?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ashley, 72 F.3d 135 (9th Cir. 1995):
... [a] novel defense .. [requiring] a defendant to show that the government engaged in outrageous official conduct which overcomes the will of an individual predisposed only to dealing in small quantities for the purpose of increasing the amount of drugs and the resulting sentence of the entrapped defendant. See United States v. Barth, 990 F.2d 422, 424 (8th Cir.1993).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal basis for a "legally sound" defense in drug trafficking cases? (MultiRegion, United States of America)
How have courts treated the issue of affirmative defense in cases involving sexual assault cases? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
Is there any case law where a defense counsel has never worked on a capital case before? (MultiRegion, United States of America)
Does case law applicable to an insanity defense have any relevance to the defense that the accused lacked the requisite mental state? (MultiRegion, United States of America)
Can a self defense claim to charges of receipt or possession of a firearm be considered a defense duress, coercion, or self defense? (MultiRegion, United States of America)
Does denial pre preclude defense in cases where denial precludes defense? (MultiRegion, United States of America)
Does the prosecution have a burden of proving its case against the defense in the context of the prosecution's argument that the defense had framed the prosecution on behalf of the defence? (MultiRegion, United States of America)
Is there any case law where the prosecution improperly disparaged the defense by characterizing the defense argument as "o]ctopus squirting ink"? (MultiRegion, United States of America)
What is a defense lawyer's duty to investigate the defense counsel's "most important defense"? (MultiRegion, United States of America)
