5.2.3 The Subjective Test: Elements
The central element of the subjective test is the defendant's state of mind.9 Nevertheless, the courts unequivocally state that two questions must be resolved in connection with the entrapment issue:
1. Did the government agent induce the accused to commit the offense charged in the indictment?
2. If so, was the accused ready and willing to commit the offense without persuasion, and was he awaiting any propitious opportunity to do so?10
Some courts cast the two elements into a single standard, requiring proof that the defendant was both sufficiently induced by the government and not predisposed to commit the crime prior to that inducement. Certainly, the proof as to one...
