Does a government agent induce the accused to commit the crime charged in the indictment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Valencia, 645 F.2d 1158 (2nd Cir. 1980):
"(1) did (a government) agent induce the accused to commit the offense charged in the indictment; (2) if so, was the accused ready and willing without persuasion and was he awaiting any propitious opportunity to commit the offense. On the first question the accused has the burden; on the second the prosecution has it." Id. (as quoted in United States v. Barnes, 604 F.2d 121, 160 (2d Cir. 1979), cert. denied, 446 U.S. 907, 100 S.Ct. 1833, 64 L.Ed.2d 260 (1980).)
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