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V. GENERAL DISCUSSION OF BASIC LEGAL CONCEPTS Whenever government agents, in carrying out their law enforcement functions, assist criminals or participate with them in their criminal activity, questions arise as. to the propriety or legitimacy of the government's conduct and as to whether the law should punish a person for engaging @ in governmentally instigated criminal activity. The answers must draw on considerations. of philosophy, psychology, 7 statutory construction, constitutional law, practical needs of law enforcement, and even undifferentiated visceral C feelings about right and wrong. .A. Entrapment. ‘Much. of the judicial discussion of these questions has focused on the ideas generally encompassed in the concept. | "entrapment''. Although virtually alI judges have agreed that an innocent person who was "entrapped" by government. ~ agents into committing a criminal. act should not be convicted; there is less agreement on the proper principles underlying 7 the concept of entrapment and on what factors do or do . not constitute entrapment. Under the so-called "subjective" approach to the defense of entrapment, itwo factors must be considered: Was the defendant's crimindl conduct "induced" by the govern-