Sorrells v. United States
Encyclopedia
Sorrells v. United States, 287 U.S. 435
(1932), is a Supreme Court case in which the justices unanimously recognized the entrapment
defense. However, while the majority opinion by Chief Justice
Charles Evans Hughes
located the key to entrapment in the defendant's predisposition or lack thereof to commit the crime, Owen Josephus Roberts
' concurring opinion proposed instead that it be rooted in an analysis of the conduct of the law enforcement agents making the arrest. Although the Court has stuck with predisposition, the dispute has hung over entrapment jurisprudence ever since.
agent in Haywood County
, North Carolina
, heard from informers that Sorrells, a factory worker in Canton
, had a reputation as a rumrunner. He arranged to visit Sorrells at his home on July 13, accompanied by three acquaintances of Sorrells.
He had them introduce himself to Sorrells as a fellow veteran
of the U.S. Army
30th Infantry Division who had served in World War I
and was passing through the area. At several times during an hour and a half of conversation and reminiscing the agent asked Sorrells if he would be so kind as to get a fellow soldier some liquor. Sorrells initially refused, but later wore down and procured him a half-gallon bottle of whiskey for $5. Martin then arrested him for violating the National Prohibition Act.
In his defense, Sorrells said that he had told Martin that he "did not fool with whiskey" several times before yielding. One of the acquaintances present also testified that he had no idea either that Martin was a government agent or that Sorrells dealt in liquor. His neighbors testified to his character, and the timekeeper at the factory where he worked also testified to his punctuality and good conduct during six years of employment there.
The court did not allow entrapment to be raised, ruling it had not occurred as a matter of law.
The appeals court affirmed the conviction, whereupon Sorrells' attorney petitioned for certiorari
. The court granted it on the condition it was limited to arguing entrapment as a defense.
He reached his conclusion by construing statutes to mean that Congress wanted to prevent crime, not punish it, therefore entrapment had to be available as a defense.
and Louis Brandeis
, took strong issue with this finding:
Courts should instead, he said, focus on the conduct of the investigating officers instead of the defendants' predisposition. "Entrapment," he wrote, "is the conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer."
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1932), is a Supreme Court case in which the justices unanimously recognized the entrapment
Entrapment
In criminal law, entrapment is conduct by a law enforcement agent inducing a person to commit an offense that the person would otherwise have been unlikely to commit. In many jurisdictions, entrapment is a possible defense against criminal liability...
defense. However, while the majority opinion by Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Charles Evans Hughes
Charles Evans Hughes
Charles Evans Hughes, Sr. was an American statesman, lawyer and Republican politician from New York. He served as the 36th Governor of New York , Associate Justice of the Supreme Court of the United States , United States Secretary of State , a judge on the Court of International Justice , and...
located the key to entrapment in the defendant's predisposition or lack thereof to commit the crime, Owen Josephus Roberts
Owen Josephus Roberts
Owen Josephus Roberts was an Associate Justice of the United States Supreme Court for fifteen years. He also led the fact-finding commission that investigated the attack on Pearl Harbor. At the time of World War II, he was the only Republican appointed Judge on the Supreme Court of the United...
' concurring opinion proposed instead that it be rooted in an analysis of the conduct of the law enforcement agents making the arrest. Although the Court has stuck with predisposition, the dispute has hung over entrapment jurisprudence ever since.
Background of the case
In 1930, Martin, a ProhibitionProhibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
agent in Haywood County
Haywood County, North Carolina
-National protected areas:* Blue Ridge Parkway * Great Smoky Mountains National Park * Pisgah National Forest -Major Highways & Roads:* Interstate 40* U.S. Highway 19* U.S. Highway 23* U.S. Highway 74* U.S...
, North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, heard from informers that Sorrells, a factory worker in Canton
Canton, North Carolina
Canton is the second largest town in Haywood County, North Carolina, United States. It is located about west of Asheville, North Carolina and is part of the Asheville Metropolitan Statistical Area. The town is named after the city of Canton, Ohio.- History :...
, had a reputation as a rumrunner. He arranged to visit Sorrells at his home on July 13, accompanied by three acquaintances of Sorrells.
He had them introduce himself to Sorrells as a fellow veteran
Veteran
A veteran is a person who has had long service or experience in a particular occupation or field; " A veteran of ..."...
of the U.S. Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
30th Infantry Division who had served in World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
and was passing through the area. At several times during an hour and a half of conversation and reminiscing the agent asked Sorrells if he would be so kind as to get a fellow soldier some liquor. Sorrells initially refused, but later wore down and procured him a half-gallon bottle of whiskey for $5. Martin then arrested him for violating the National Prohibition Act.
Lower courts
Sorrells was convicted in federal court largely on the strength of Martin's testimony that he was the only one who had asked about acquiring liquor. Three other witnesses testified on rebuttal as to his general reputation as a rumrunner.In his defense, Sorrells said that he had told Martin that he "did not fool with whiskey" several times before yielding. One of the acquaintances present also testified that he had no idea either that Martin was a government agent or that Sorrells dealt in liquor. His neighbors testified to his character, and the timekeeper at the factory where he worked also testified to his punctuality and good conduct during six years of employment there.
The court did not allow entrapment to be raised, ruling it had not occurred as a matter of law.
The appeals court affirmed the conviction, whereupon Sorrells' attorney petitioned for certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
. The court granted it on the condition it was limited to arguing entrapment as a defense.
Majority
Calling the investigation a "gross abuse of authority", Hughes wrote:
It is clear that the evidence was sufficient to warrant a finding that the act for which defendant was prosecuted was instigated by the prohibition agent, that it was the creature of his purpose, that defendant had no previous disposition to commit it but was an industrious, law-abiding citizen, and that the agent lured defendant, otherwise innocent, to its commission by repeated and persistent solicitation in which he succeeded by taking advantage of the sentiment aroused by reminiscences of their experiences as companions in arms in the World War.
He reached his conclusion by construing statutes to mean that Congress wanted to prevent crime, not punish it, therefore entrapment had to be available as a defense.
Concurrence
Roberts' concurrence, joined by Harlan Fiske StoneHarlan Fiske Stone
Harlan Fiske Stone was an American lawyer and jurist. A native of New Hampshire, he served as the dean of Columbia Law School, his alma mater, in the early 20th century. As a member of the Republican Party, he was appointed as the 52nd Attorney General of the United States before becoming an...
and Louis Brandeis
Louis Brandeis
Louis Dembitz Brandeis ; November 13, 1856 – October 5, 1941) was an Associate Justice on the Supreme Court of the United States from 1916 to 1939.He was born in Louisville, Kentucky, to Jewish immigrant parents who raised him in a secular mode...
, took strong issue with this finding:
This seems a strained and unwarranted construction of the statute; and amounts, in fact, to judicial amendment. It is not merely broad construction, but addition of an element not contained in the legislation ... no guide or rule is announced as to when a statute shall be read as excluding a case of entrapment; and no principle of statutory construction is suggested which would enable us to say that it is excluded by some statutes and not by others.
Courts should instead, he said, focus on the conduct of the investigating officers instead of the defendants' predisposition. "Entrapment," he wrote, "is the conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer."
Subsequent jurisprudence
- Sherman v. United StatesSherman v. United StatesSherman v. United States, 356 U.S. 369 , was a United States Supreme Court case on the issue of entrapment. Unanimously, the Court overturned the conviction of a recovering New York drug addict who had been repeatedly solicited for drug sales by a fellow former addict who was working with federal...
, . Defendant's prior criminal history is not by itself sufficient to establish predisposition. - Jacobson v. United StatesJacobson v. United StatesJacobson v. United States, 503 U.S. 540 , is a case decided by the United States Supreme Court regarding the criminal procedure topic of entrapment...
. Previous conduct by defendant does not show predisposition if it were legal at the time; state must prove beyond reasonable doubt that predisposition existed before investigation.
External links
- Full text of opinion at findlaw.com