Define: Sherman–Sorrells Doctrine

Sherman–Sorrells Doctrine
Sherman–Sorrells Doctrine
Quick Summary of Sherman–Sorrells Doctrine

The Sherman-Sorrells doctrine, recognized in most states and in the federal system, allows individuals accused of a crime to assert the defence of entrapment. This defence asserts that they were not intending to commit the crime until they were encouraged to do so by a police officer or other official. The doctrine originated from two court cases, Sherman v. United States and Sorrells v. United States.

Full Definition Of Sherman–Sorrells Doctrine

The Sherman-Sorrells Doctrine, also known as the subjective method of defence, is a legal principle that allows a defendant to argue entrapment. This means they can claim that they were not inclined to commit a crime until a public official, like an undercover police officer, encouraged them to do so. This defence is recognized in the federal system and most states. For instance, if an undercover police officer convinces someone to sell drugs, and that person had no prior intention of doing so, they may be able to use the Sherman-Sorrells Doctrine as a defence in court. The doctrine was established in two Supreme Court cases: Sherman v. United States in 1958 and Sorrells v. United States in 1932.

Sherman–Sorrells Doctrine FAQ'S

The Sherman–Sorrells Doctrine is a legal principle that allows a court to consider evidence of juror misconduct during deliberations in limited circumstances.

The Sherman–Sorrells Doctrine can be invoked when there is evidence of external influence on the jury, such as bribery, threats, or improper communication with jurors.

The purpose of the Sherman–Sorrells Doctrine is to ensure that the jury’s decision is not tainted by external factors and to maintain the integrity of the judicial process.

If the Sherman–Sorrells Doctrine is successfully invoked, it may result in a new trial being ordered, as the jury’s decision may be deemed unreliable due to the external influence.

To invoke the Sherman–Sorrells Doctrine, the party seeking a new trial must present clear and convincing evidence of juror misconduct or external influence.

No, the Sherman–Sorrells Doctrine can only be used to challenge a jury decision if there is evidence of juror misconduct or external influence. It cannot be used to challenge a jury’s decision based on the merits of the case.

If the Sherman–Sorrells Doctrine is successfully invoked, the court may order a new trial to ensure a fair and impartial jury decision.

Yes, the Sherman–Sorrells Doctrine has limitations. It cannot be used to challenge a jury’s decision based on the internal deliberations or thought processes of the jurors.

Yes, the Sherman–Sorrells Doctrine can be invoked after a verdict has been reached if new evidence of juror misconduct or external influence comes to light.

The Sherman–Sorrells Doctrine is recognized in some jurisdictions, but not all. Its applicability may vary depending on the specific jurisdiction’s laws and legal precedents.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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