What is the test for proving entrapment?

Of course, it is very unlikely that the defendant will be able to prove entrapment without testifying and, in the course of testifying, without admitting that he did the acts charged. Unless the Government's case-in-chief discloses entrapment as a matter of law (an unusual phenomenon), the defendant must come forward with evidence of his non-predisposition and of governmental inducement (Notaro v. United States (9th Cir. 1966) 363 F.2d 169). A defendant can rarely produce such evidence without taking the stand as did both defendants in the case at bar and admitting that he did the acts to which the Government's witnesses attested. ⁷ When he takes the stand, the defendant forfeits his right to remain silent, subjects himself to all the rigors of cross-examination, including impeachment, and exposes himself to prosecution for perjury. Inconsistent testimony by the defendant seriously impairs and potentially destroys his credibility. While we hold that a defendant may both deny the acts and other elements necessary to constitute the crime charged and at the same time claim entrapment, the high risks to him make it unlikely as a strategic matter that he will choose to do so.