What is the test for determinative position in a criminal case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Martinez, 122 F.3d 1161 (9th Cir. 1997):

Predisposition is established only after analyzing five factors: (1) the character and reputation of the defendant; (2) whether the government made the initial suggestion of criminal activity; (3) whether the defendant engaged in the activity for profit; (4) whether the defendant showed any reluctance; and (5) the nature of the government's inducement. United States v. McClelland, 72 F.3d 717, 722 (9th Cir.1995), cert. denied, --- U.S. ----, 116 S.Ct. 1448, 134 L.Ed.2d 567 (1996). Although none of these factors is controlling, the defendant's reluctance to engage in the criminal activity is the most important. Id.

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