What is the test for the entrapment defense?

The chief argument against the jury determination of entrapment is that the defendant must in effect concede his technical guilt and take the witness stand in his own defense. In United [59 Misc.2d 424] States ex rel. Hall v. Illinois, 329 F.2d 354 (7th Circuit) cert. denied 379 U.S. 891, 85 S.Ct. 164, 13 L.Ed.2d 94 (1964) the court held that the entrapment defense was not a requirement of due process.

In a concurring opinion in Sherman v. United States, 356 U.S. 369, 78 S.Ct. 819, there was pointed out an additional factor. 'The danger of prejudice in such a situation * * * is evident. The defendant must either forego the claim of entrapment or run the substantial risk that * * * the jury will allow a criminal record or bad reputation to weigh in its determination of guilt.' p. 382, 78 S.Ct. p. 826.