Sorrells v. United States

Sorrells v. United States
Argued November 8, 1932
Decided December 19, 1932
Full case nameSorrells v. United States
Citations287 U.S. 435 (more)
53 S. Ct. 210, 77 L. Ed. 413, 1932 U.S. LEXIS 30
Case history
PriorDefendant convicted; conviction affirmed, 57 F.2d 973; certiorari granted, 287 U.S. 584 (1932).
SubsequentConviction reversed
Holding
Entrapment is a valid defense; the prosecution must show the defendant had a predisposition to commit the crime if it is raised.
Court membership
Chief Justice
Charles E. Hughes
Associate Justices
Willis Van Devanter · James C. McReynolds
Louis Brandeis · George Sutherland
Pierce Butler · Harlan F. Stone
Owen Roberts · Benjamin N. Cardozo
Case opinions
MajorityHughes, joined by Van Devanter, Sutherland, Butler, Cardozo
ConcurrenceRoberts, joined by Brandeis, Stone
DissentMcReynolds (no opinion)
Laws applied
statutory construction

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 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.