I love dis man too much! He is really a warrior! All he is fighting for is TRANSPARENCY! When you say someone is CORRUPT then you must come out clean,that is all he is saying,my fellow Ghanaians!
Mr. Ken is the of justice and he is speaking the truth, just imagine how he is tired but for the seek of the love he has for Ghana he managed to do the interview.
Take Mr. Ken seriously....he talked about Ec boss....she is now fired..talked about cocobod...the head of cocobod was sacked and a whole lot..i believe him
Lady Sophie kyerematen UK 🇬🇧🐅🏇🤺🤔 NANA Kennedy Agyapong 👌 great talking good work great jobs Keep it up God bless you all and ghanaiens 🇬🇭 from SK United Kingdom ⛄
He is asshole this is what he is plain American english, he is the most corrupt Person in Ghana scared to be burst thats why he always Support corrupt System
Honorable Ken, keep the good work because before Ghanaians will understand u it will be too late. Anas isn't saint as the people claim so they should listen to U well
It is very sad that people don't understand what Mr. Kennedy Agyapong is doing for Ghana. He is doing this without getting any pay. if people don't appreciate what you are doing for our country Ghana. I do appreciate you very much. I like your honesty and boldness, You are all that Ghana is looking for. God bless you MR. Kennedy.
Lady Sophie kyerematen UK 🇬🇧 NANA Kennedy Agyapong 👌 great man good man U Come down l SOPPUOT U all the way we love you so much U wife 👌may you all live Long Life Amen 🙏 and U Childrens U Can be President one Dey NANA Kennedy Agyapong great talking great king 👑 I feel So Sorry for You U ned a Support for NPP'S Thanks Very much for the good work great jobs for NPP'S and Ghanaians 🇬🇭🙏 and the world 🗺️🌐🙏 great NET2 all the works well Dan Keep it up nana Ken 👌 good sprint Mary to U all fr🙏 Peace APC Ch 💒🙏🚸🛑🚦🚥🐘 KOKODO 🐘 all the way to the way to the,2024 NPP'S 🐘 NANA Kuffo ADDO Ghana President well Dan great work good man 👍 from SK London 💞👋👋👋👋👋
I don't value people who doesn't want their real names to appear on social media, that proofs how wicked and dangerous they are, hiding your identity shows how corrupted you are to defend Kennedy
If you guys wasn't cowards and following corrupt pregnant men,if u wanna see Ana's face learn to be a men be honest Ghanaians hate the truth, u see corruption face to face and talking about allegations, Ken bring your prove Ana's is not above the law.
Lady Sophie kyerematen UK 🇬🇧 NANA Kofi TV 👌 great talking good work great jobs all the works for you well Dan Keep it up God bless you all and family and Ghanaians 🇬🇭 and the world 🗺️🌐🙏 Mary Christmas to you all 🙏 from SK London 💞👋👋👋👋✌️ Peace and love to U all and Ghanaians 🇬🇭 and the world 🗺️🌐🙏 👍
Abrefa Gyan - are you saying you are intelligent that's why you understand Ken? Well then... check your spelling of intelligent and see if you qualify to be one. Thanks.
Mr ken please rest for some days please I care about you....if it was not u Anas will not grant an interview well done daddy ...Mr ken if it wasn't u like we will not know Anas owns all this property n kwaku baaku has confirmed it
If you pay your duty on your car that you importe and the right time nobody, I say nobody will take your car, it is not custom officers. What I think we have to talk about is that the duties on the cars are so high and it is not right. In fact, if the duties on the cars are reasonable for importers to pay, the custom officers taking bribe from us will not happen.
... EXACTLY!!!!! This is what I keep saying!!!. this is where I've problem with that Anas and his work.... He's a traitor!! He's selling Ghana's/African's image very Cheap to the outside world!!! Maybe Ghanaians don't know!
Anas has to be jailed. We have the most qualified “Anas” sitting there. If only we listen to him. If he come talk you people say make he keep quiet. We can fight 80% corruption if only we listen to this man and not try to shut him up. Anas is selling Ghana. Name a genuine job in this world that requires you to cover your face in public.
ken God will bless you more and give you more protection l am telling you .you are doing well for the nation ken you are not one man God is in your side we praying behind you . this happens in the Ken you are Nehemiah in the bible Anna's fooling Ghanaians to rich in self he is going to pay back end of this life
*😳👊🏽IF ANAS A.A. HAS NOTHING TO FEAR OR HIDE, WHY THIS GAME?* And why is Anas trying to outsmart or 'discredit' this guy Justice K. Annan with his entrapment and inducement tactics of so-called investigative journalism, IF , he Anas has nothing to fear or hide.? This questionable entrapment and inducement practices of investigative journalism of Anas and his Tiger eye team makes him Anas even look more dangerous with such moves just as the name of his company is, TIGER EYE. What does the TIGER do to get it's food? It stalks and traps it's prey and then kills and eats them up. So this Anas should be careful what he is doing, because every dog has his day. *One day all this his cover-up just as he covers his face in fakery and 'falsehood' with beads and prosthetics will all be exposed*. That day is coming, and just as he has named, shamed and jailed others per his questionable style of investigative journalism, *he will face his own motto (name, shame and jail) and dance to that music*. *The wheels of divine justice and legal justice grinds ever so slowly, but they grind ever so fine. A word is enough for a wise man*. To all those hurting and suffering because of wrongful dismissal or mistreatment stemming from Anas' questionable style of investigative journalism, please take heart and look to Heaven for your Redeemer who is the judge of all the Earth liveth to settle all scores and issues for you! Genesis 18:25, Job 19:25. Oh! how very well said and how right and true Abraham Lincoln, 16th President of the United States, was and still true today, *"You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time "*. To the wise man, a word is enough. Stay blessed all you truth loving people, and all you sincere people who love to do things in the right and good way, Jesus loves you all including Anas IF he will do things in the right way and not for self-interest, self-benefit or self-profit.
Entrapment or a Sting Operation. .... II. THE ENTRAPMENT DEFENSE AND ANTICIPATORY PROSECUTION A. The “Unwary Criminal” and the “Unwary Innocent”: A History of the Entrapment Defense. The Supreme Court first recognized the entrapment defense in Sorrells v. United States and did so without grounding it in the Due Process Clause or any other constitutional provision. 1. Conceding that “[a]rtifice and stratagem may be employed to catch those engaged in criminal enterprises,” 2. the Court nevertheless barred prosecution of defendants for “a crime where the government officials are the instigators of his conduct.” 3. The dividing line between a legitimate sting operation and an impermissible “instigation” was unclear when the defense was first established and remains so today. The Court tried to establish boundaries for sting operations, arguing that the government exceeds its police powers when it “implant[s] in the mind of an innocent person the disposition to commit the alleged offense and induce[s] its commission in order that . . . [it] may prosecute.” 4. The entrapment defense authorized an inquiry into the defendant’s predisposition largely forbidden by federal and state rules of evidence. 5. However, the Court did insist on restricting the inquiry into the defendant’s predisposition to prevent a fishing expedition for a generalized propensity to commit crimes, demanding: “the issues raised and the evidence adduced must be pertinent to the controlling question whether the defendant is a person otherwise innocent whom the Government is seeking to punish for an alleged offense which is the product of the creative activity of its own officials.” 6 This suggests that the government may always rebut entrapment by demonstrating predisposition, but that predisposition evidence must be tailored to the specific offense at issue. After Sorrells, the Court revisited entrapment in Sherman v. United States to apply a perhaps more restrictive standard: entrapment lies when “the Government plays on the weaknesses of an innocent party and beguiles him into committing crimes which he otherwise would not have attempted.” 7. The critical distinction was between “the trap for the unwary innocent and the trap for the unwary criminal,” language fundamentally in tension with the most fundamental of crimi- nal law tenets, the act requirement. 8. It is said that the defendant puts his character in issue by claiming the defense, but it is worth noting that a jury, in rejecting entrapment, may ultimately convict the defendant not only on evidence of the crime in question, but also on an impermissible inference of guilt drawn from predisposition evidence. 9. Seeking to apply the vague standards of Sorrells and Sherman, the federal courts generated a wide array of definitions and evidentiary standards. Scholars have identified and endlessly debated two tests developed in the case law-the “subjective” and “objective”tests. 10. The objective approach addresses the government’s conduct and asks whether a reasonable person could have resisted the inducement to commit the offense. 11. The subjective approach, officially recognized as the test for entrapment in federal court in Hampton v. United States, focuses on the individualized predisposition of the defendant to ascertain whether the government implanted the criminal intent and induced commission or whether the defendant, given an opportunity, would have committed the crime independent of the undercover activity. 12.Today, the defendant’s predisposition to commit the charged offense is the governing standard for entrapment. Two circuit courts have construed the subjective test to allow the government three related ways to rebut the entrapment defense by demonstrating: (1) [A]n existing course of criminal conduct similar to the crime for which the defendant is charged, (2) an already formed design on the part of the accused to commit the crime for which he is charged, or (3) a willingness to commit the crime for which he is charged as evidenced by the accused’s ready response to the inducement. 13.Some courts have also articulated a list of factors for consideration in the predisposition inquiry. 14.The constitutional trouble that arises in the prosecution of inchoate terrorism-related offenses originates with this extension of judicial inquiry into the counterfactual possibilities of what the defendant might have done but for the agent’s conduct. When the act requirement is so diluted, the admitted predisposition evidence may improperly sway the jury’s decision and yield a conviction without the requisite proof. That is why the courts have placed the burden of persuasion on the prosecution after the defense meets its burden of production. 15. In Jacobson v. United States, the Government failed to meet its burden to overcome the defense’s evidence that it had targeted the accused with two and a half years of mailings and communications from fabricated organizations attempting to persuade the defendant that the First Amendment protected child pornography. 16.While the Court did note the Government’s efforts to mislead the defendant as to the legality of child pornography, it did not explicitly incorporate this into the test for entrapment.32 This suggests that an element of misdirection as to lawfulness should be persuasive, but not dispositive, evidence of entrapment. There is a line of cases which further complicates the definition of the defense. In the Seventh Circuit’s decision in United States v. Hollingsworth, Judge Posner implied that the ability to commit the crime should play a role in a trial court’s determination on the issue of en- trapment. 17. Without expressly requiring an additional showing of defendant capability to commit the offense, Posner did, however, elaborate on the scope of predisposition, arguing that though “ability” can usually be “presumed,” entrapment should probably be found “when the defendant is not in a position without the government’s help to become involved in illegal activity.” 18. Some courts have interpreted this language to mean a defendant must possess both willingness and “present means” for entrapment to be defeated. 19. The Fifth Circuit has explicitly adopted the “positional predisposition” test to supplement the subjective predisposition test in United States v. Wise and United States v. Reyes. 20.The Ninth Circuit in United States v. Thickstun rejected this view. 21.The circuit split remains unresolved, but the weight of opinion seems to side with the rejection of a capacity or “present means” test. Source... An extract from “A PERSON OTHERWISE INNOCENT”: POLICING ENTRAPMENT IN PREVENTATIVE, UNDERCOVER COUNTERTERRORISM INVESTIGATIONS Jon Sherman*
Because of this,thus why our country still suffer because we don't like people who speak the Truth good job Mr. Ken God is watching us the bible said we all going to be jugde according to our works.. Thanks
Definition of experience. (Entry 1 of 2) 1a : direct observation of or participation in events as a basis of knowledge. b : the fact or state of having been affected by or gained knowledge through direct observation or participation.
Hon. Ken, please my only appeal is for you to please tone down with the insults, leave the Ghanaians to make the judgment. I believe you are making a genuine point but please tone down with the insults.
at the end of the day,what great Anas did is beneficial to our Mother land, the spirit of our land will bless him soooo much, Mr wiser than every body in Ghana, tnx but no tnx all what you are doing have no basis. God is still alive. and he will judge
The young of Ghana must stand up, this is the plann of politicians, if we don't do away with this old politicians, Ghana will not go forward. They do so that they can do Thier currption without any one invention than, think. Anas started this work since long and no one paying him. Now ken bring this one some Ghanaian tend back him
![Moment Aisha Yesufu Refuse to Stand Up Sing New National Anthem for Event [TRENDING VIDEO]](/img/n.gif)
I love dis man too much! He is really a warrior! All he is fighting for is TRANSPARENCY! When you say someone is CORRUPT then you must come out clean,that is all he is saying,my fellow Ghanaians!
I watch Kennedy like my favorite movie😁...the man has a point
Wooow what?? Kofi May God Bless this Man Ken Jesus Name..What Can of Journalist is THAT Anas ??? Stay Bless Kofi YESU DIMU !!! Go go gooo Ken!!!
Mr. Ken is the of justice and he is speaking the truth, just imagine how he is tired but for the seek of the love he has for Ghana he managed to do the interview.
I can see he's very tired, but because of the love he has for the citizens of Ghana he had this interview. Asonaba Kwabrafoso Obuasi
Wen was dat I didn't watched it possible
@Million Lights Seeing ur comments all over the ages show how foolish u are?
U people's must focus on your comment and leave asonaba alone, he just make his comment, IF you have more data use it. No one is begging u for data,
With this revelation coming out .The public will never truxt Anas again period .Ken is realy a hero.God Will blessed him
Hon. Ken you are very honesty man keep it up God bless you
Take Mr. Ken seriously....he talked about Ec boss....she is now fired..talked about cocobod...the head of cocobod was sacked and a whole lot..i believe him
Lady Sophie kyerematen UK 🇬🇧🐅🏇🤺🤔 NANA Kennedy Agyapong 👌 great talking good work great jobs Keep it up God bless you all and ghanaiens 🇬🇭 from SK United Kingdom ⛄
Kennedy, some people say he talks too much but I say his talkative has enlighten us well well...
He is asshole this is what he is plain American english, he is the most corrupt Person in Ghana scared to be burst thats why he always Support corrupt System
Sankofa Adinkra gyimi fuo
You’re not corrupt
The way you are insulting him you will never get to his worth because you’re jealous.
Hon Ken May almighty Allah bless u more
Mr. ken is right, he should continue with the good work, God bless you H.K
This man(Hon ken)should stand for presidency
He will never be President
For where apuu
Ken, I always listen to your advice and it has helped me 💯💯💯my hero
This man is honest and consistent.I have listened to him several times and whatever he says remain the same.No contradiction!!
I love is man
Papa you are true and real 👍🏽💪🏽💪🏽👌🏾👌🏾
God punish every corrupt people in Ghana
Bam
We should support Hon Ken because Anass want to bring Ghana down. But it won't work. Ghanaian people should open their eyes
Master of investigation I salute you sir
Isaac boateng ken God bless you
Honorable Ken, keep the good work because before Ghanaians will understand u it will be too late. Anas isn't saint as the people claim so they should listen to U well
It is very sad that people don't understand what Mr. Kennedy Agyapong is doing for Ghana. He is doing this without getting any pay. if people don't appreciate what you are doing for our country Ghana. I do appreciate you very much. I like your honesty and boldness, You are all that Ghana is looking for. God bless you MR. Kennedy.
Ken toasu saa...,we love you 😍
Ken papabi salute you sir
i now understand why some of the dismissed judges said they were going to court and that Anas should provide the full tape of the expose
Please only smart people here!
GOD BLESS KEN💕
mumie mumie
Bless u xx
God bless you sir ken more fire 🔥 🔥🔥🔥🔥🔥🔥
I believe u 100% ma Hon Ken
only great people will understand mr ken I love mr ken he right
mr. ken never fought for mr. nyantekyi. he is fighting for ghana and i praise him for that
Lady Sophie kyerematen UK 🇬🇧 NANA Kennedy Agyapong 👌 great man good man U Come down l SOPPUOT U all the way we love you so much U wife 👌may you all live Long Life Amen 🙏 and U Childrens U Can be President one Dey NANA Kennedy Agyapong great talking great king 👑 I feel So Sorry for You U ned a Support for NPP'S Thanks Very much for the good work great jobs for NPP'S and Ghanaians 🇬🇭🙏 and the world 🗺️🌐🙏 great NET2 all the works well Dan Keep it up nana Ken 👌 good sprint Mary to U all fr🙏 Peace APC Ch 💒🙏🚸🛑🚦🚥🐘 KOKODO 🐘 all the way to the way to the,2024 NPP'S 🐘 NANA Kuffo ADDO Ghana President well Dan great work good man 👍 from SK London 💞👋👋👋👋👋
God bless u more Mr Kenney 👏👏👏👏👏👏👏👏👏👏👏🙏🙏😙😘😍💙💓💚💛💟💖
Ken has no brains, Anas was explaining matters to the lady, oh God, Ken is dumb his brain is too small. Do u think Anas is like u thieves? Chai
Ken you do all
The only honest man in Ghana.I salute you uncle.If crooks like Anas and Kwaku Baako are Ghanaians heroes , Ghana has a long way to go.
Exactly
I don't value people who doesn't want their real names to appear on social media, that proofs how wicked and dangerous they are, hiding your identity shows how corrupted you are to defend Kennedy
If you guys wasn't cowards and following corrupt pregnant men,if u wanna see Ana's face learn to be a men be honest Ghanaians hate the truth, u see corruption face to face and talking about allegations, Ken bring your prove Ana's is not above the law.
I don't have time with people who don't have names , by the way thanks a lot for your insults,am most grateful
BEATRICE ATSWEI LARYEA Gyimifo) getaway.Go and research for work.
Great man....we love you
keep on exposing this wicked Anas
Ken you have showed that you re a man of your words .
Christina Anna yes he is a real man.
Lady Sophie kyerematen UK 🇬🇧 NANA Kofi TV 👌 great talking good work great jobs all the works for you well Dan Keep it up God bless you all and family and Ghanaians 🇬🇭 and the world 🗺️🌐🙏 Mary Christmas to you all 🙏 from SK London 💞👋👋👋👋✌️ Peace and love to U all and Ghanaians 🇬🇭 and the world 🗺️🌐🙏 👍
blessed be with you always daddy
I love this man✌✌
My question is why is Anas not coming out to challenge those ppl accusing him and releasing the video. Not Ken but those giving him information.
Much love daddy 🤗
Ken u are intelligent ooo
God continue bless you
Only interlegent pple will understand hon Ken but God is with u keep it up 💯 ryt
Abrefa Gyan only fools will understand Kennedy Agyapong.
Abrefa Gyan only foolish people will follow Kennedy agyapon
Abrefa Gyan - are you saying you are intelligent that's why you understand Ken? Well then... check your spelling of intelligent and see if you qualify to be one. Thanks.
Hahahhah wow Mr. Intelligent
God bless you Ken
Kennedy it. Up big bro Ghanaians hate you because of your honesty.
Mike Eliot some Ghanaians... cuz I love him
sure
Mike Eliot thank you
Mike Eliot l
Mike Eliot Mr Ken is too good
ken am now getting understanding you
ken for prez
If I see anas in Dubai or Abu Dhabi,I will have him arrested by the authorities
Papa please rest do not talk too much on 📻 just take your evident to court I do not like when people insult you. Please please
Ruth Badu yes he shouldn't stress himself too much because wise will always support him
Ghanaians we need 10 people as ken nka we don't have problem
Kenn is most corrupt Person in Ghana history i dont know why ya'll dont get it. OMG ghanians ya'll so dumb 😂
Mr ken please rest for some days please I care about you....if it was not u Anas will not grant an interview well done daddy ...Mr ken if it wasn't u like we will not know Anas owns all this property n kwaku baaku has confirmed it
Ken God richly bless you
We do not know how to thank you
You have really fought for us
God bless you
Some Ghanaians have made up their minds not to understand Ken out of politics and hatred.Ken I see your passion!
ISAAC NTIM I love u my brother
ISAAC NTIM ken always tells the truth
Kennedy Agyapong president 2024
If you pay your duty on your car that you importe and the right time nobody, I say nobody will take your car, it is not custom officers. What I think we have to talk about is that the duties on the cars are so high and it is not right. In fact, if the duties on the cars are reasonable for importers to pay, the custom officers taking bribe from us will not happen.
God bless you
We want the corruption to be investigated but showing it to bbc and aljazera makes him a traitor to Ghana and Africa as a whole
Abdul Foyoo Fatau bro u re wise may Allah increase ur knowledge
... EXACTLY!!!!! This is what I keep saying!!!. this is where I've problem with that Anas and his work.... He's a traitor!! He's selling Ghana's/African's image very Cheap to the outside world!!! Maybe Ghanaians don't know!
Abdul Foyoo Fatau thank u my brother he is disgracing Ghana but we don't know
you fddxxa
Who video Anas where did u got the video?
U are a Hero daddy ❣️❣️💕💕🙏🙏
I will also bring my evidence about our job ken
If Anas lawyer said it is sometimes very difficult for Anas to bring his findings out may implies Ken might be right.
If Honourable Ken. becomes the president of Ghana just guess. Corruption will flee like never before
Papa please u need to rest.
Ghana media encourages unnecessary issues whiles the looters have a field day.
Anas can do this in American sometimes Ghanaians are so funny!
Ken dose who are saying u talk more dont mind them dey don't know what dey are saying. I salute you ken.only fools wont understand u
GOD bless you Ken
The current five star investigation man in Ghana on Kofi TV.
NO ONE IS ABOVE THE LAWS IN GHANA. WHY ARE SOME OF YOU AGAINST ANAS BEING INVESTIGATED AS WELL.HON. KEN, I SALUTE YOU.
Luv u KEN❤️❤️❤️
Anas has to be jailed. We have the most qualified “Anas” sitting there. If only we listen to him. If he come talk you people say make he keep quiet. We can fight 80% corruption if only we listen to this man and not try to shut him up. Anas is selling Ghana. Name a genuine job in this world that requires you to cover your face in public.
ken God will bless you more and give you more protection l am telling you .you are doing well for the nation ken you are not one man God is in your side we praying behind you . this happens in the Ken you are Nehemiah in the bible Anna's fooling Ghanaians to rich in self he is going to pay back end of this life
Ken .I salute you You are a man of justice.God bless you and give you long life.
Well done Hon Ken keep it up, God richly bless you
I love this man ruff
Bravo MR Kennedy👌God bless you.
*😳👊🏽IF ANAS A.A. HAS NOTHING TO FEAR OR HIDE, WHY THIS GAME?*
And why is Anas trying to outsmart or 'discredit' this guy Justice K. Annan with his entrapment and inducement tactics of so-called investigative journalism, IF , he Anas has nothing to fear or hide.?
This questionable entrapment and inducement practices of investigative journalism of Anas and his Tiger eye team makes him Anas even look more dangerous with such moves just as the name of his company is, TIGER EYE. What does the TIGER do to get it's food? It stalks and traps it's prey and then kills and eats them up.
So this Anas should be careful what he is doing, because every dog has his day. *One day all this his cover-up just as he covers his face in fakery and 'falsehood' with beads and prosthetics will all be exposed*. That day is coming, and just as he has named, shamed and jailed others per his questionable style of investigative journalism, *he will face his own motto (name, shame and jail) and dance to that music*.
*The wheels of divine justice and legal justice grinds ever so slowly, but they grind ever so fine. A word is enough for a wise man*.
To all those hurting and suffering because of wrongful dismissal or mistreatment stemming from Anas' questionable style of investigative journalism, please take heart and look to Heaven for your Redeemer who is the judge of all the Earth liveth to settle all scores and issues for you! Genesis 18:25, Job 19:25.
Oh! how very well said and how right and true Abraham Lincoln, 16th President of the United States, was and still true today, *"You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time "*. To the wise man, a word is enough.
Stay blessed all you truth loving people, and all you sincere people who love to do things in the right and good way, Jesus loves you all including Anas IF he will do things in the right way and not for self-interest, self-benefit or self-profit.
At long last there will be victory for ken Time alone will Tell.
My guys relax when the case goes to court then we shall see if Ken really has a case
Kennedy has already won the case for your information.😅😅😅😅
Thank you dear ken
Entrapment or a Sting Operation. ....
II. THE ENTRAPMENT DEFENSE AND ANTICIPATORY PROSECUTION
A. The “Unwary Criminal” and the “Unwary Innocent”:
A History of the Entrapment Defense.
The Supreme Court first recognized the entrapment defense in Sorrells v. United States and did so without grounding it in the Due
Process Clause or any other constitutional provision.
1. Conceding that “[a]rtifice and stratagem may be employed to catch those engaged in criminal enterprises,”
2. the Court nevertheless barred prosecution of defendants for “a crime where the government officials are the instigators of his conduct.”
3. The dividing line between a legitimate sting operation and an impermissible “instigation” was unclear when the defense was first established and remains so today.
The Court tried to establish boundaries for sting operations, arguing that the government exceeds its police powers when it “implant[s] in the mind of an innocent person the disposition to commit the alleged offense and induce[s] its commission in order that . . . [it] may prosecute.”
4. The entrapment defense authorized an inquiry into the defendant’s predisposition largely forbidden by federal and state rules of evidence.
5. However, the Court did insist on restricting the inquiry into the defendant’s predisposition to prevent a fishing expedition for a generalized propensity to commit crimes, demanding: “the issues raised and the evidence adduced must be pertinent to the controlling question whether the defendant is a person otherwise innocent whom the Government is seeking to punish for an alleged offense which is the product of the creative activity of its own officials.”
6 This suggests that the government may always rebut entrapment by demonstrating predisposition, but that predisposition evidence must be tailored to the specific offense at issue.
After Sorrells, the Court revisited entrapment in Sherman v. United States to apply a perhaps more restrictive standard: entrapment lies when “the Government plays on the weaknesses of an innocent party and beguiles him into committing crimes which he otherwise would not have attempted.”
7. The critical distinction was between “the trap for the unwary innocent and the trap for the unwary criminal,” language fundamentally in tension with the most fundamental of crimi-
nal law tenets, the act requirement.
8. It is said that the defendant puts his character in issue by claiming the defense, but it is worth noting that a jury, in rejecting entrapment, may ultimately convict the
defendant not only on evidence of the crime in question, but also on an impermissible inference of guilt drawn from predisposition evidence.
9. Seeking to apply the vague standards of Sorrells and Sherman, the federal courts generated a wide array of definitions and evidentiary standards. Scholars have identified and endlessly debated two tests developed in the case law-the “subjective” and “objective”tests.
10. The objective approach addresses the government’s conduct and asks whether a reasonable person could have resisted the inducement to commit the offense.
11. The subjective approach, officially recognized as the test for entrapment in federal court in Hampton v. United States, focuses on the individualized predisposition of the defendant to ascertain whether the government implanted the criminal intent and induced commission or whether the defendant, given an opportunity, would have committed the crime independent of the undercover activity.
12.Today, the defendant’s predisposition to commit the charged offense is the governing standard for entrapment.
Two circuit courts have construed the subjective test to allow the government three related ways to rebut the entrapment defense by demonstrating:
(1) [A]n existing course of criminal conduct similar to the crime for
which the defendant is charged,
(2) an already formed design on the
part of the accused to commit the crime for which he is charged, or
(3) a willingness to commit the crime for which he is charged as evidenced by the accused’s ready response to the inducement.
13.Some courts have also articulated a list of factors for consideration in the predisposition inquiry.
14.The constitutional trouble that arises in the prosecution of inchoate terrorism-related offenses originates with this extension of judicial inquiry into the counterfactual possibilities of what the defendant might have done but for the agent’s conduct. When the act requirement is so diluted, the admitted predisposition evidence may improperly sway the jury’s decision and yield a conviction without the requisite proof. That is why the courts have placed the burden of persuasion on the prosecution after the defense meets its burden of production.
15. In Jacobson v. United States, the Government failed to meet its burden to overcome the defense’s evidence that it had targeted the accused with two and a half years of mailings and communications from fabricated organizations attempting to persuade the defendant that the First Amendment protected child pornography.
16.While the Court did note the Government’s efforts to mislead the defendant as to the legality of child pornography, it did not explicitly incorporate this into the test for entrapment.32 This suggests that an element of misdirection as to lawfulness should be persuasive, but not
dispositive, evidence of entrapment.
There is a line of cases which further complicates the definition of the defense. In the Seventh Circuit’s decision in United States v. Hollingsworth, Judge Posner implied that the ability to commit the crime should play a role in a trial court’s determination on the issue of en-
trapment.
17. Without expressly requiring an additional showing of defendant capability to commit the offense, Posner did, however, elaborate on the scope of predisposition, arguing that though “ability” can usually be “presumed,” entrapment should probably be found “when the defendant is not in a position without the government’s help to become involved in illegal activity.”
18. Some courts have interpreted
this language to mean a defendant must possess both willingness and “present means” for entrapment to be defeated.
19. The Fifth Circuit has explicitly adopted the “positional predisposition” test to supplement the subjective predisposition test in United States v. Wise and United States v. Reyes.
20.The Ninth Circuit in United States v. Thickstun rejected this view.
21.The circuit split remains unresolved, but the weight of opinion seems to side with the rejection of a capacity or “present
means” test.
Source... An extract from “A PERSON OTHERWISE INNOCENT”: POLICING
ENTRAPMENT IN PREVENTATIVE, UNDERCOVER COUNTERTERRORISM INVESTIGATIONS
Jon Sherman*
Because of this,thus why our country still suffer because we don't like people who speak the Truth good job Mr. Ken God is watching us the bible said we all going to be jugde according to our works.. Thanks
God bless you ken
If I am Ken I won't talk too much because what you say won't matter in court.
intelligent man
Hon. Should. Continues. his. Work. Amass. is. Criminal. He. must. go. to. prison
Kan you are best
I love Ken too much because he always tell the truth more blessing Ken wish you long life
Thank you dear ken
THANKS, KENNEDY THIS IS NOT DONE IN ANY COUNTRY IN THE WORLD
Kofi Adoma, don't ask unintelligent questions ok behave professionally
Definition of experience. (Entry 1 of 2) 1a : direct observation of or participation in events as a basis of knowledge. b : the fact or state of having been affected by or gained knowledge through direct observation or participation.
Perfect interview
I love ❤️ this ken too much 😂
Hon. Ken, please my only appeal is for you to please tone down with the insults, leave the Ghanaians to make the judgment. I believe you are making a genuine point but please tone down with the insults.
at the end of the day,what great Anas did is beneficial to our Mother land, the spirit of our land will bless him soooo much, Mr wiser than every body in Ghana, tnx but no tnx all what you are doing have no basis. God is still alive. and he will judge
Kofi my question is if Anas is proven guilty should the government compensate all those he has wronged through his malicious investigation?
This man is just blowing hot air
Mr.ken dat all
case close
Let me enjoy this interview with some popcorn
The young of Ghana must stand up, this is the plann of politicians, if we don't do away with this old politicians, Ghana will not go forward. They do so that they can do Thier currption without any one invention than, think. Anas started this work since long and no one paying him. Now ken bring this one some Ghanaian tend back him