443 Pa. Super. 431 - Commonwealth v. Lucci’s Empirical Analysis
1995
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently September 2021
16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Sorrells v. United States · Sherman v. United States · Eckman v. Commonwealth · 242 Pa. Super. 303 - Commonwealth v. Jones · Commonwealth v. Weiskerger
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... Section 313 adopts the objective approach to entrapment which is new to Pennsylvania law. The old Pennsylvania law required that the defendant be an otherwise innocent person until the police or them agent, through creative activity, planted the idea to commit a crime in his mind and induced him to do so. Crimes Code § 313 and Model Penal Code § 2.13 follow the minority view of the United States Supreme Court as articulated by Justice Frankfurter in his concurring opinion to Sherman v. United States [, 356 U.S. 369 , 78 S.Ct. 819 , 2 L.Ed.2d 848 (1958).] This view — the objective approach — conceives the entrapment defense as aimed at deterring police wrongdoing. The defense provides a sanction for overzealous and reprehensible police behavior comparable to the exclusionary rule. The focus of the defense is on what the police do and not on what kind of person the particular defendant is — whether he is innocent or predisposed to crime. Thus, the test for entrapment has shifted in emphasis from a consideration of a particular defendant’s readiness to commit crime, a subjective test, to an evaluation of the police conduct, an objective test, to determine whether there is a substantial risk that the offense will be committed by those innocently disposed. To determine whether an entrapment has been perpetrated in any particular case, therefore, the inquiry will focus on the conduct of the police and will not be concerned with the defendant’s prior criminal activity or other i”
3 later decisions quote this exact passage“(a) General rule. — A public law enforcement official or a person acting in cooperation with such an official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, he induces or encourages another person to engage in conduct constituting such offense by either: (1) making knowingly false representations designed to induce the belief that such conduct is not prohibited; or (2) employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it. (b) Burden of proof. — Except as provided in subsection (c) of this section, a person prosecuted for an offense shall be acquitted if he proves by a preponderance of the evidence that his conduct occurred in response to entrapment.”
1 later decision quote this exact passage“.. .based upon the controverted testimony at trial on the operative facts of this case, [the defendant] was entrapped as a matter of law where: 1) a former very close friend; 2) appealing to the bonds of friendship and the sympathy engen dered by the alleged impending death of his mother; 3) and claiming that he, himself, had been through rehabilitation and was now “clean[”;] 4) approached [the defendant] repeatedly about selling drugs in exchange for which [the defendant] could have a “free high”; 5) all the while knowing that [the defendant] was just out of rehabilitation and that his family was doing everything in its power to help him remain drug-free.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.