What factors must be considered in determining whether a defendant was an innocent person in whom the government implanted a criminal design?

MultiRegion, United States of America

The following excerpt is from U.S. v. Harvieux, 886 F.2d 334 (9th Cir. 1989):

We have set forth several factors that must be considered in determining whether a defendant was an otherwise innocent person in whom the government implanted a criminal design. These factors include: (1) the character or reputation of the defendant, including any prior criminal record; (2) whether the suggestion of the criminal activity was initially made by the government; (3) whether the defendant was engaged in the criminal activity for profit; (4) whether the defendant evidenced reluctance to commit the offense, overcome only by repeated government inducement or persuasion; and (5) the nature of the inducement or persuasion supplied by the government. United States v. Reynoso-Ulloa, 548 F.2d 1329, 1336 (9th Cir.1977), cert. denied, 436 U.S. 926 (1978). While none of these factors alone indicates either the presence or absence of a predisposition, the most important factor is whether the defendant showed reluctance to engage in criminal activity which was overcome by repeated government inducement. Id.

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